BIRENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE bail petition of the petitioner has been rejected twice by this Court. However, while rejecting (he second bail petition of the present petitioner on 16.11.1993 in Cr. Misc. No. 11697 of 1993, this Court directed the learned Magistrate to constitute a Medical Board and after taking into consideration the legal evidence as would be forthcoming for determination of the age of the petitioner, the learned Magistrate was directed to pass such order as he may deem fit and proper. This direction was made because it appeared that the point as to age of the petitioner was not at all considered and the petitioner raised the plea that he was a juvenile. It appears that thereafter the learned Magistrate determined the age of the petitioner on the basis of the examination report of the Medical Board and the age of the petitioner was found to be 14 to 16 years. However, he was not released on bail. THEreafter it appears that the petitioner moved a petition for bail (under Section 439 of the Code of Criminal Procedure) before the Sessions Judge, who by his order dated 21.3.1994 has rejected the same and now the petition under Section 439 of the Code of Criminal Procedure before this Court.

(2.) I have heard Mr. M. Salahuddin Khan, Senior Advocate, appearing for the petitioner and have perused the order passed by the learned Sessions Judge and the petition along with its annexures. learned Counsel has contended that the bail petition under Section 439 of the Code of Criminal Procedure is maintainable before this Court and this Court can pass the order under the Juvenile Justice Act (hereinafter to be referred to as 'the Act') in the present proceeding by virtue of the provisions contained in Section 7(3) of the Act.