Sweety Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.952 of 2016 ====================================================== Sweety Kumari, Daughter of Late Narayan Sah, Resident of Village-Banoli, P.S. Tetiya Bamber, District-Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar Sinha, Adv. Mr. Jagarnath Singh, Adv.

For the Respondent/s : Mr. Rajendra Nath Jha, APP ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-01-2017 Heard the parties.

The petitioner is aggrieved by an order, dated 06.08.2016, passed in Sessions Trial No. 184 of 2014, arising out of Shambhuganj P.S. Case no. 119 of 2013, whereby, the learned 1st Addl. District & Sessions Judge (Adhoc), Banka, while considering the claim of the petitioner for being declared as juvenile, has asked them to take steps for getting them examined by a medical board for the purpose of assessment of her age. It is submitted on behalf of the petitioner that the Court should have either asked the Juvenile Justice Board to refer the case of the petitioner assessment of her age by a medical board or should have referred her for examination by duly constituted medical board. The course, which learned court below has

Patna High Court CR. REV. No.952 of 2016 (3) dt.27-01-2017 2/2 adopted, he submits, is not in accord with the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015. Considering the facts and circumstances of the case, this matter is disposed of with a direction to the court below to refer the claim of the petitioner to the concerned Juvenile Justice Board for determination of her age and proceed further after age is determined by the Juvenile Justice Board.

This application stands disposed of accordingly. (Chakradhari Sharan Singh, J.) Praveen-II/- U T