AMANA RAJ @ VIKKI SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision is directed against the order dated 28th August 2007 of the learned Sessions Judge, Gaya in Criminal Appeal (Juvenile) No. a105 of 2007 whereby the appeal has been dismissed by way of rejecting petitioner's prayer for bail on the ground that the release of the petitioner will bring him in association with the criminals, on consideration of the materials available in the case diary.

(2.) Before deciding this instant revision application, I would like to refer to the antecedents of the case.

(3.) It is not disputed at the Bar that firstly when the petitioner was arrested in the case u/s. 364(A) of the Indian Penal Code the learned Chief Judicial Magistrate, presuming the petitioner a minor, referred the case of the petitioner to the Juvenile Justice Board, Magadh Division, Gaya and his case was dealt with under the Juvenile Case No. 233(N) of 2006. It so happened that after the case of the petitioner was referred to the Juvenile Board as done by the learned Chief Judicial Magistrate, an enquiry u/s. 14 of the Juvenile Justice Act was initiated for ascertaining the actual age of the petitioner on the date of occurrence i.e. 11th January 2006. The enquiry was completed and vide order dated 30.07.2007 the Juvenile Justice Board declared the age of the petitioner as 17 years on the date of occurrence i.e. 11.01.2006 under the Juvenile Justice Case No. 93(M) of 2007 as numbered for the year 2007.