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Patna High CourtCR. MISC./61/2017dismissed

Abhimanyu Kumar @ Abhimanu Kumar @ Vijay Kumar v. The State Of Bihar

2017-01-10Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61 of 2017 Arising Out of PS.Case No. -157 Year- 2015 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Abhimanyu Kumar @ Abhimanu Kumar @ Vijay Kumar, son of Ram Babu Prasad, resident of village-Khugni, P.S.-Ramgarhwa, District- East Champaran at Motihari, presently residing at Ramgarhwa Bazar, Bahuari Road, P.S.-Ramgarhwa, District- East Champaran at Motihari. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s : Mr. Amrendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 10-01-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Sathi P.S. Case No.157 of 2015 instituted for the offence under Section(s) 302/34 Indian Penal Code.

From the order impugned, it appears that plea of juvenility was taken by the petitioner before the Sessions Judge. The Sessions Judge has rejected the prayer of the petitioner stating that he has no jurisdiction.

It is not clear from the present petition of anticipatory bail whether any enquiry has been done for determination of age of the petitioner by the Juvenile Justice Board in view of the plea taken by him before the Sessions

Patna High Court Cr.Misc. No.61 of 2017 (2) dt.10-01-2017 2/2 Judge.

In the circumstances, this Court is not inclined to entertain this anticipatory bail application at this stage. The same is dismissed.

The petitioner is directed to appear before the Juvenile Justice Board, West Champaran at Bettiah, within four weeks from today and the Juvenile Justice Board shall hold an enquiry with regard to determination of age of the petitioner and thereafter the petitioner may take appropriate steps in accordance with law.

(Sanjay Priya, J) JA/- U T