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Patna High CourtCR. REV./387/2016dismissed

Rubby Devi v. The State Of Bihar And ORS

2016-12-20Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.387 of 2016 Arising Out of PS.Case No. -null Year- null Thana -null District- NAWADA ===========================================================

1. Rubby Devi Wife of Late Sanjay Kumar Sinha Resident of Village Gharpar, P.S. Nawada Town, Dist. Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rohit Kumar @ Jonish Kumar Son of Ashok Kumar Resident of Village New Area, Nawada, P.S. Town Nawada, Dist. Nawada.

3. Rocky Kumar @ Nata Son of Ramu Malakar Resident of Village Kalali Road, P.S. Town Nawada, Dist. Nawada.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Respondent/s : Mr. Amit Kumar Rakesh, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 20-12-2016 JUDGMENT AND ORDER ORAL Date: 20-12-2016 The petitioner is aggrieved by the orders, dated 26.06.2014 and 09.10.2014, passed, by the Juvenile Justice Board, Nawada, whereby respondent nos. 2 and 3 have been declared to be a juvenile as on the date of the occurrence, i.e. 20.05.2014.

2. This revision application cannot be entertained for two reasons. Firstly, there is provision for appeal against an order passed by the Juvenile Justice Board under the

Patna High Court CR. REV. No.387 of 2016 dt.20-12-2016 2/2 Juvenile Justice (Care and Protection of Children) Act. Secondly, the declaration of the juvenility is based on matriculation certificate, which is most preferred document under the Rules for deciding the claim of juvenility.

3. I do not find any merit in this application, which is accordingly dismissed.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 23.12.2016 Transmission Date 23.12.2016