IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31800 of 2008 SUNNY KUMAR GUPTA Versus STATE OF BIHAR ----------- 2 5.9.2008 Petitioner is a student of Class IX and his date of birth is 26.12.1990. He claims to be Juvenile. Petitioner’s name has appeared as accused in Bettiaha Town P.S.Case no.377 of 2003. It has been submitted by the petitioner’s counsel that the petitioner was on police bail and never misused it. Offence alleged in the F.I.R. are aunder Section 25(1-B) A,26, 37 of the Arms Act. Without considering the merit of the case this application is being disposed of considering the fact that the petitioner claims to be a juvenile on the date of occurrence. In this circumstance, the juvenility has to be fixed only thereafter the criminal case can proceed either under the provisions of the Cr.P.C. or under the provisions of Juvenile Justice (Care and Protection) Act. Petitioner is directed to move before the concerned Magistrate and file his application under Section 14 of the Juvenile Justice Act for deciding his juvenility. This application must be filed within four weeks from today. Till the date of filing of the application no coercive step should be taken against the petitioner namely Sunny Kumar Gupta in connection with Bettiah Town P.S.Case no.377 of 2003. If application is filed the Magistrate will pass an order in accordance with law considering the claim of juvenility of the petitioner. Considering the urgency let this order be faxed to the court concerned, if the cost is deposited by the petitioner. Sss/- (Mridula Mishra, J)