Rahul Mandal @ Rahul Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7310 of 2024 Arising Out of PS. Case No.-98 Year-2023 Thana- KURSAILA District- Katihar ====================================================== 1.

RAHUL MANDAL @ RAHUL RAJ SON OF ANIL MANDAL @ ANIL KR MANDAL UNDER GUARDIANSHIP OF HIS FATHER ANIL MANDAL @ ANIL KR MANDAL), RESIDENT OF VILLAGE - NAWABGANJ SCHOOL TOLA, WARD NO.10, MAHESHPUR, P.S. - KURSELA, DISTRICT - KATIHAR 2.

KHUSHBU KUMARI DAUGHTER OF RANDHIR MANDAL UNDER GUARDIANSHIP OF HER FATHER RANDHIR MANDAL), RESIDENT OF VILLAGE - NAWABGANJ SCHOOL TOLA, WARD NO.10, MAHESHPUR, P.S. - KURSELA, DISTRICT - KATIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Pandey For the Opposite Party/s :

Mr.Arun Kumar Pandey For the State :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-08-2024 Heard the parties.

2. This application has been filed on behalf of the petitioners for quashing the FIR bearing Kursela P.S. Case No. 98 of 2023.

3. The sole ground of the petitioners for quashing of the FIR is that they are minor and they are falsely implicated in this case.

4. I have considered the submission of the petitioners.

5. The prosecution of the petitioners cannot be quashed at this stage only because of the fact they are minor.

Patna High Court CR. MISC. No.7310 of 2024(2) dt.19-08-2024 2/2

6. The petitioners may approach the Juvenile Justice Board concerned and if the Juvenile Justice Board finds that the petitioners are minor then appropriate orders shall be passed by the Juvenile Justice Board.

7. During enquiry of the age of the petitioners, the petitioners will not be taken into custody.

8. With the aforesaid directions, this application is disposed of.

(Sandeep Kumar, J) Vikas/- U