IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2577 of 1998 SHAILENDRA SINGH SON OF LAL BABU SINGH, RESIDENT OF VILLAGE- BISHAMBHARPUR, P.S. THAWE, DISTRICT- GOPALGANJ……………………………………… APPELLANT Versus 1. STATE OF BIHAR 2. MANOJ KUMAR SINGH SON OF PARSHURAM SINGH, RESIDENT OF VILLAGE- BISHAMBHARPUR, P.S. THAWE, DISTRICT- GOPALGANJ……………. OPP. PARTIES. ----------- 12 21-4-2010 Heard learned counsel for the petitioner and learned counsel for the State. 2. Petitioner has challenged the order of the learned Sessions Judge, Gopalganj dated 20-1-1998 passed in Cr.Appeal No. 98 of 1997 whereby in exercise of appellate jurisdiction under section 37 of the Juvenile Justice Act, he held the petitioner to be not a juvenile because according to the Medical Board held after three months of the alleged occurrence, the petitioner’s age was 17 years at the time of medical examination. 3. Subsequently, the Legislature has made amendment in the Juvenile Justice Act and by such amendment and judicial pronouncement made by the 2 Apex Court and this Court, it is well settled that regardless of the date of occurrence, if the accused was less than 18 years of age on the date of occurrence he has to be treated as juvenile. In view of such settled law it is not necessary to go into the facts on the basis whereof the appellate order was initially challenged. 4. In view of the settled law noticed above for the purposes of proceeding against the petitioner as an accused in Manjhagarh ( Thawe) P.S.Case No. 166 of 1996 leading to G.R. Case No. 1307/96 he has to be treated as a juvenile. Accordingly, this application is allowed. The impugned order dated 20- 1-1998 is quashed and the concerned court below is directed to proceed against the petitioner treating him to be juvenile in respect of the criminal proceeding at hand. Naresh ( Shiva Kirti Singh, J.)