Patna High CourtCR. REV./110/2015dismissed

Ranjan Kumar @ Ranjan Kumar Singh v. State Of Bihar And ANR

2017-03-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.110 of 2015 ======================================================

1. Ranjan Kumar @ Ranjan Kumar Singh Son of Kapil Muni Singh Resident of village - Arang, P.S. Dinara, District - Rohtas At Present Luckky Coaching Centre, Dhobi GHat No. 3, P.S. Buxar Town, District - Buxar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Dhanji Singh @ Dhanji Kumar Singh Son of Rama Shish Mahto Resident of Mohalla - Virat Nagar, P.S. Buxar Town, District - Buxar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Pandey, Advocate For the Respondent/s : Mr. Sanjay Kumar Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-03-2017 The opposite party No. 2 has been declared to be a juvenile in conflict with law in connection with Buxar Town P.S. Case No. 52 of 2014 registered for the offence under Section 302 of the Indian Penal Code. The said determination of his juvenility is based on matriculation certificate having the petitioner's date of birth as 11.06.1999. The date of occurrence of the concerned offence is 31.01.2014.

The petitioner is informant of the said case and it is his case that opposite party No. 2 is not a minor. He filed an application before the Juvenile Justice Board seeking setting aside of the order, whereby the petitioner was declared to be a juvenile. The said petition has been dismissed vide impugned order dated

Patna High Court CR. REV. No.110 of 2015 (2) dt.06-03-2017 2/2 05.01.2015, which is being assailed in the present criminal revision application.

Plea of the informant is based on date of birth entries of the opposite party No. 2 in Voter I. D. Card and Ration Card. Under the rules laying down procedure for age determination enquiry under the Juvenile Justice Act, matriculation certificate has been treated to be most preferred document for the said purpose. On the basis of entry of date of birth in the matriculation certificate, the opposite party No. 2 has been held to be a juvenile. The refusal by the Juvenile Justice Board to accept petitioner's plea cannot be said to be unjustified, requiring this Court's interference.

This application has no merit and it is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) Vats/- U T