LADDU KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Learned counsel for the petitioner and learned APP for the State are present. However, nobody is present on behalf of O.P. No. 2, despite valid service of notice.

(2.) The present Criminal Revision petition has been preferred by the petitioner against the impugned judgment dtd. 19/11/2018, passed by learned Sessions Judge, Saharsa in Cr. Appeal No. 28 of 2017, whereby learned Sessions Judge has set aside the order dtd. 6/10/2017, passed by learned Juvenile Justice Board, Saharsa in Criminal Case No. 1975 of 2017, arising out of Salkhua P.S. Case No. 142 of 2017, whereby learned J.J. Board had declared the petitioner/Laddu Kumar Mehta as juvenile. Learned Sessions Judge after setting aside the order passed by learned J.J. Board, Saharsa had remanded the matter to the J.J. Board to determine the age of the petitioner afresh, utilizing "scientific tools and manners".

(3.) The factual background of this case is that on the written report of one Amarjeet Kumar, Salkhua P.S. Case No. 142 of 2017 was registered on 15/7/2017 under Ss. 498A, 307 and other allied Ss. of the Indian Penal Code against the petitioner and three other co-accused, including the husband, brother-in-law and mother-in-law of the alleged victim. The petitioner happens to be brother-in-law of the victim. As per Lower Court Records, it transpires that the petitioner surrendered before the learned A.C.J.M.-II, Saharsa and thereafter, finding the petitioner juvenile, transferred the matter against the petitioner to Juvenile Justice Board, Saharsa. Learned J.J. Board from physical appearance concluded that the petitioner appears to be above 17 years of age.