Patna High CourtCR. MISC./10320/2013dismissed

Mantu Kumar @ Hagna v. The State Of Bihar

2015-07-23Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10320 of 2013 Arising Out of PS.Case No. -74 Year- 2008 Thana -BIHPUR District- - ====================================================== Mantu Kumar @ Hagna son of Byash Kumar, resident of village- Sonbarsa P.S. Bihpur, District Bhagalpur under the guardianship of Byas Kumar the father.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : None. For the Opposite Party/s : Mr. Shyam Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 23-07-2015 Despite repeated calls, none appears on behalf of the petitioner in support of the present application. Learned Additional Public Prosecutor appearing on behalf of the State, by referring to the averments made in the counter-affidavit filed on behalf of the Superintendent of Police, Naugachia, in compliance of the order dated 30.08.2012 passed by this Court, submits that the petitioner was produced before the Medical Board and his age was assessed to be 40-45 years on 15.06.2012 i.e. the date of examination of the petitioner by the Medical Board. Hence, according to him, on the date of occurrence the petitioner was aged about 36 years. Therefore, his claim to be juvenile on the date of occurrence cannot be entertained and he has to face regular trial of the criminal offence registered for sections 302, 364 and some other allied offences of the Indian Penal Code.

Learned Additional Public Prosecutor appears to be correct, as no rejoinder affidavit has been filed on behalf of the petitioner to the aforesaid counter-affidavit filed way back in the

Patna High Court Cr.Misc. No.10320 of 2013 (7) dt.23-07-2015 2/2 year 2012.

In the aforesaid facts and circumstances, this Court is of the opinion that the present matter has become infructuous and it is, accordingly, dismissed.

(Birendra Prasad Verma, J) BTiwary/- U T