Ritesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.49797 of 2014 (2) dt.08-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49797 of 2014 Arising Out of PS.Case No. -214 Year- 2014 Thana -NAUBATPUR District- PATNA ======================================================

1. Ritesh Kumar Son of Mahesh Singh Resident of Village - Sarasat, P.S. : Naubatpur, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiva Shankar Prasad Singh For the Opposite Party/s : Mr. Ramshankar Das(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-04-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Naubatpur P.S. Case No. 214 of 2014 registered for the offences punishable under Sections 341, 323, 504, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

At the very outset, it is submitted on behalf of the petitioner that on the alleged date of occurrence the petitioner was juvenile and as per Section 7A of the Juvenile Justice (Care & Protection )Act, 2000 claim of juvenility can be raised before any court at any stage.

In the facts and circumstances stated above, the petitioner is directed to take the plea of juvenility before the court

Patna High Court Cr.Misc. No.49797 of 2014 (2) dt.08-04-2015 below and if such plea is taken, then the court below shall pass appropriate order in accordance with law.

With the aforesaid observation, this application is disposed off.

(Jitendra Mohan Sharma, J) avin/- U T