IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5003 of 2008 PAPPU KUMAR @ PAPPU PASWAN & ORS Versus STATE OF BIHAR ----------- 3/ 17.07.2008 The learned Sessions Judge, if he was very much aware about the petitioner being aged about 13 years, he would have examined his jurisdiction in entertaining such petition in the light of Section 5 of the Cr. P.C. If, there is separate jurisdiction created by a special law in force, which also creates special and separate forum of enquiry or trial, then the ordinary criminal courts could not have been given jurisdiction in entertaining such petition. The learned Sessions Judge must be aware about the enforcement of the Juvenile Justice (Care and Protection of Children) Act, 2000 since the 1st of April, 2001 and, in that view of the matter, he had been no jurisdiction to entertain or hear of the petition as indicated above. Let the Juvenile Justice Board, Patna or the Magistrate empowered specially in that behalf, examine the question of getting juvenility of Pappu Kumar @ Pappu Paswan, who is in custody in Maner P.S. Case No. 82/07, who would be holding enquiry, which must be concluded within two months from the present order. As regards petitioner Nirala Paswan, it is pointed out that he is also a juvenile. His case shall be enquired into by the same procedure and in the same proceedings, which could be initiated for petitioner Pappu Kumar @ Pappu Paswan. Heard. The case relates to the death of Bhogendra Paswan about whom there is sufficient material in the case diary indicating thathe was not a normal man. On that date, he was roaming around brandishing Chhura upon the villagers. The people of the locality kept him inside a room and subsequently he was found with split up neck. It is possible that he had himself inflicted injury as indicated by materials collected in the case diary. It is further indicated in the case diary that the man was brought to hospital and he was hospitalized and died one month after the incident and then only the report was lodged. Regard being had to the facts and circumstances of the case, let the petitioner nos. 2 and 4 namely, Judagi Paswan and Lal Babu Paswan be released from custody on execution of a bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Danapur in connection with Maner P.S. Case No. 82 of 2007. DKS/ (Dharnidhar Jha,J)