LAWS(PAT)-2023-12-30

ANITA DEVI Vs. STATE OF BIHAR

Decided On December 01, 2023
ANITA DEVI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the opposite party no. 2.

(2.) This revision application has been preferred for setting aside the judgment dtd. 27/9/2022 passed by learned 1st Additional Sessions Judge-cum-Children Court, Saran at Chapra in Criminal (Juvenile) Appeal No. 24 of 2022 arising out of the order dtd. 10/5/2022 passed by learned Juvenile Justice Board, Saran at Chapra (hereinafter referred to as the 'Board') in Juvenile Inquiry Case No. 1838 of 2022. The Juvenile Inquiry arose out of Kopa P.S. Case No. 72 of 2022 registered for the offences alleged under Ss. 302, 201 and 34 of the Indian Penal Code (hereinafter referred to as the 'IPC'). The learned Appellate Court has refused to interfere with the order dtd. 10/5/2022 passed by the Board determining the age of the opposite party no. 2 as 16 years 4 months on the alleged date of occurrence.

(3.) It appears from the pleadings available on the record that the opposite party no. 2 has been apprehended on 3/5/2022 for his alleged involvement in the commission of murder of one Aman Sharma. The opposite party no. 2 was produced before the Board where the Board took upon an exercise to determine the age of the opposite party no. 2.