Dhiraj Kumar Sharma @ Shubham Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.61977 of 2017 (2) dt.19-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61977 of 2017 Arising Out of PS.Case No. -223 Year- 2017 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== DHIRAJ KUMAR SHARMA @ SHUBHAM SHARMA son of Krishna Sharma R/O village-Motihari Tar, PS Bairiya, Distt-West Champaran. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra, Adv. For the Opposite Party/s : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner as well as learned APP.

It has been submitted on behalf of petitioner that petitioner is a juvenile, below the age of 18 years but the prosecution knowingly and intentionally disclosed his age to be 19 years.

That being so, petitioner is directed to file a petition before the learned lower court on that pretext and if so filed, the learned lower court will proceed in terms of The Juvenile Justice (Care And Protection Of Children) Act, whereunder an enquiry be conducted to ascertain the status of the petitioner and in case, petitioner is found juvenile, then in that event, will pass appropriate order in accordance with law.

With the aforesaid observation, the instant petition is disposed of.

(Aditya Kumar Trivedi, J) perwez U T