(1.) THIS application is directed against the: order dt.,3 -9 -1981 passed in Session Trial No. 36 of 1981 by the learned Additional Sessions Judge II, Patna, who has rejected the prayer of the petitioner for separating the trial in accordance with the Bihar Children Second Ordinance. 1981 (hereinafter referred to the Ordinance).
(2.) THE petitioner was named as one of the accused along with his father Lallan Prasad and elder brother Kumar Nityanand for the offence under Section 302/34 of the I.P.C. (hereinafter referred to as the Penal Code) on the basis of a first information report lodged with Gardanibagh Police Station giving rise to Gardanibagh P S Case,No. 1(2) 79.
(3.) THE police after investigation had submitted charge -sheet against the petitioner, his father and his elder brother on 3 -4 -1979 under Sees. 143, 448 and 302/34 of the Penal Code and a few others.