IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.859 of 2009 ASHUTOSH KUMAR, son of Samsher Singh, resident of village Bangachcha, P.S. Haranaut, District Nalanda Versus STATE OF BIHAR ----------- 06/ 18.11.2009 Learned counsel for the petitioner states that petitioner, who is accused in Harnaut P.S. Case No. 194 of 2006 dated 13.12.2006 registered for the offence under Section 376 and other allied Sections of the Indian Penal Code, has been declared juvenile by the trial court in Sessions Trial No. 41 of 2008 under orders dated 2.3.2009 and his case has been separated and sent to the Juvenile Justice Board for trial, but during the trial, he is not being granted bail and this revision application has been filed for grant of bail when such prayer was refused by the Juvenile Justice Board under order dated 15.4.2009 and by the Additional Sessions Judge under order dated 6.5.2009, passed in Cr. Appeal No. 81 of 2009. Having heard counsel for the petitioner and the State, I am of the view that as the order dated 2.3.2009 was passed by the trial court declaring the petitioner to be juvenile without giving opportunity to the informant- prosecutrix, it is appropriate that the Juvenile Justice Board should also apply its mind as to whether petitioner was juvenile on the date of occurrence by giving opportunity to the prosecutrix to provide evidence in rebuttal to the entries in date of birth certificate, which was produced on behalf of the petitioner before the trial 2 court on the basis of which order dated 2.3.2009 was passed. After having given an opportunity of being heard and after having considered the matter in the light of the observation made in this case, if the Juvenile Justice Board is of the opinion that petitioner is juvenile on the date of occurrence, then he should be admitted to the privilege of bail. The Juvenile Justice Board will take the decision in the light of this order within 30 days of the appearance of the informant- prosecutrix or valid service of notice, but the service of notice must be confirmed by the Principal Magistrate himself. This revision application is, accordingly, disposed of. Let this order be communicated to the court of Juvenile Justice Board, Nalanda at Biharsharif in connection with J.J. Case No. 23 of 2009 through fax on payment of usual charges by the petitioner. Arjun/ ( V.N. Sinha, J.)