Vikram Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61954 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -NARDIGANJ District- NAWADA ====================================================== VIKRAM KUMAR SAHNI SON OF SURESH SAHNI RESIDENT OF VILLAGE-BARAINPURA, P.S.-CHOURAHI, DISTRICT-BEGUSARAI. .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Bhavesh Kumar, Adv. For the Opposite Party/s : Mr. Smt. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

As decided by the Hon'ble Apex Court in Jarnail Singh v. State of Haryana reported in 2013 Cr.L.J. 3976, Mahadeo v. State of Maharashtra & Anr. reported in (2013) 14 SCC 637, State of Madhya Pradesh v. Anoop Singh reported in (2015) 7 SCC 773, it has been settled at rest that for determination of age of the victim an inquiry as provided under Juvenile Justice (Care and Protection of Children) Act, 2015 with regard to ascertainment of age of delinquent, is to be carried out which, the learned lower court will held in case, so prayed for. If the victim is major, above the age of 18 years, then in that circumstance, the learned lower court will itself release the petitioner on bail, contrary to it, the learned lower court will pass appropriate order in accordance with law.

Patna High Court Cr.Misc. No.61954 of 2017 (2) dt.19-12-2017 With the aforesaid observation, instant petition is disposed of.

(Aditya Kumar Trivedi, J.) Prakash Narayan U T