Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38730 of 2021 Arising Out of PS. Case No.-126 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== Arjun Kumar son of Dharmendra Kumar Rai @ Dharmendar Ray @ Dharmendra Ray R/o Village-Maalipur (Badi Chok), P. S. Hajipur Town, District Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Advocate.

For the Opposite Party/s :

Mr. Binod Kumar, APP.

For the State :

Mr. Vikash Kumar (S.C.-11) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-06-2022 Heard Mr. Manish Chandra Gandhi, learned counsel for the petitioner, Mr. Binod Kumar, learned Additional Public Prosecutor and Mr. Vikash Kumar, learned Standing Counsel-11 for the State.

Learned counsel for the petitioner submits that during the pendency of the present application, the petitioner has been declared juvenile by the Juvenile Justice Board, Saran at Chapra. In the aforesaid facts, he seeks permission to withdraw this application as the matter has become infructuous as the present application has become infructuous.

On the other hand, learned S.C.-11for the State submits that the petitioner while filing this application has stated

Patna High Court CR. MISC. No.38730 of 2021(14) dt.24-06-2022 2/2 his age to be 21 years, which was informed to this Hon'ble Court. However, the petitioner, later on, filed an application for assessment of his age by Juvenile Justice Board. Taking into consideration the fact that the age of the petitioner has been assessed by the Juvenile Justice Board and he has been declared as juvenile and as such, if the State is aggrieved by the order passed by the Juvenile Justice Board, he has liberty to assail the order in appropriate proceeding. In view of the aforesaid facts, the matter has become infructuous, accordingly, the present application stands dismissed as having become infructuous.

(Harish Kumar, J) shakir/- U T