NIRAJ KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The age of the juvenile/petitioner was assessed to be more than 16 but less than 18 years of age. He has been made accused in Ahiyapur P.S. Case No. 173 of 2017, dated 12.03.2017, which has been instituted for the offence punishable under Sections 302/34 of the Indian Penal Code.

(2.) Since the juvenile/petitioner was held to be more than 16 years of age, his case was transferred to the Child Court, viz. the Court of learned 1st Additional District and Sessions Judge, Muzaffarpur.

(3.) As far as the merit of the case is concerned, four persons including the juvenile/petitioner are alleged to have killed the father of the informant. Two of the accused persons are alleged to have caught hold of the deceased, whereas the other two, including the juvenile/petitioner, assaulted him by means of knife, leading to his death. The post-mortem report of the deceased, however, revealed that there was only one injury on the person of the deceased. Taking advantage of the aforesaid single injury on the deceased, in the background of two persons were alleged to have assaulted him, the other co-accused who was also alleged to have given a dagger blow on the deceased, was granted bail by a Bench of this Court.