Shobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.300 of 2016 ===================================== Shobha Devi Wife of Late Lal Babu Ram Resident of Village - Jaisingpur, P.S.- Turkaulia, District - East Champaran .... .... Petitioner/s

Versus

The State of Bihar .... .... Respondent/s ===================================== Appearance :

For the Petitioner/s : Mr. Subodh Kumar Mishra For the Respondent/s : Mr. Aslam Ansari (App) ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-03-2018 By the order impugned dated 16.12.2015 passed by the learned 10th Additional Sessions Judge, Motihari at East Champaran in Sessions Trial No. 234 of 2012 (arising out of Turkaulia P.S. Case No. 331 of 2011 dated 12.07.2011 instituted for the offences under Sections 302, 201, 34 I.P.C), the case of one Arbind Ram @ Arbind Kumar( who has not been made party in the present proceeding) was sent to the Juvenile Justice Board on perusal of the school certificate offered on his behalf.

The present petition impugns the aforesaid decision of the Trial Court in sending the case of aforesaid Arbind Ram @ Arbind Kumar to the Juvenile Justice Board.

No good ground has been made out by the learned counsel for the petitioner for challenging the aforesaid

Patna High Court CR. REV. No.300 of 2016 (3) dt.20-03-2018 2/2 decision of the Trial Court.

The Juvenile Justice Board would assess the age of the aforesaid Arbind Ram @ Arbind Kumar and in case it is found that he is juvenile, he shall be dealt with in the manner as provided in the Juvenile Justice (Care and Protection of Children) Act, 2015.

If the petitioner has any objection to his being assessed as juvenile, he may appear before the Juvenile Justice Board and offer evidence of majority of the aforesaid co-accused person.

The present petition, for being not worth entertaining, is accordingly dismissed.

(Ashutosh Kumar, J) Shageer/- U T