Bibha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2339 of 2016 Arising Out of PS.Case No. -329 Year- 2013 Thana -MASAURHI District- PATNA ====================================================== Bibha Kumari S/o Dinanath Prasad, Resident of Village- Islampur, P.S.- Masaurhi, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 19-01-2016 It has been contended by the learned counsel for the petitioner that on the date of occurrence, the petitioner was a juvenile as her date of birth is 2nd February, 1999 and the alleged occurrence took place on 17.09.2013.

In my opinion, in case of a juvenile in conflict with law, an application under Section 438 of the Code of Criminal Procedure would not be maintainable.

Accordingly, the application is disposed of as not maintainable. It would be open to the petitioner to move for bail before the appropriate court/board for grant of bail in the present case.

(Ashwani Kumar Singh, J.) Sanjeet/- U T