SURESH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner;

(2.) The present application has been filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 for setting aside the order and judgment dated 22.12.2015 passed by the Juvenile Justice Board, Samastipur in Juvenile Enquiry No. 679 of 2015 under Sections 302 and 427 of the Indian Penal Code relating to Bibhutipur P.S. Case No. 60 of 1996 dated 24.05.1996 under Sections 304A and 279 of the Indian Penal Code.

(3.) The petitioner is the informant of Bibhutipur P.S. Case No. 60 of 1996 in which it has been alleged that the opposite party no. 2 while driving Tractor dashed against the son of the petitioner, who died on the spot. During trial, the opposite party no. 2 filed a petition claiming to be juvenile on the date of occurrence. The same was sent to the Juvenile Justice Board, Samastipur for holding enquiry which has resulted in passing of the impugned order by which he has been held to be a juvenile and further he has been acquitted.