Patna High Court - Orders
Rakesh Yadav vs The State Of Bihar on 29 September, 2011
Author: Shyam Kishore Sharma
Bench: Shyam Kishore Sharma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) NO.721 OF 2011
RAKESH YADAV SON OF SACHIDANAND YADAV @ SACHIDA, R/O
VILLAGE- BRINDAWAN P.S. & DISTRICT- LAKHISARAI
VERSUS
THE STATE OF BIHAR
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4 29/09/2011This case has been placed for consideration of prayer for bail of the appellant after receipt of the lower court records as well as for consideration of prayer made in I. A. No. 1986 of 2011 through which the appellant claims himself to be a juvenile.
Learned counsel for the appellant submitted that the appellant was juvenile on the date of occurrence i.e. 7.6.1994 because his date of birth is 3rd May, 1977 which is apparent from the Matriculation certificate issued by the Bihar School Examination Board.
The occurrence is of 7.6.1994 and the matriculation certificate has come in existence thereafter.
Learned APP has drawn attention of this Court towards the own narration of the appellant regarding his age before the trial court when his statement under section 313 Cr.P.C. was recorded on 10.7.2003 and on that date he himself claimed his age to be 29 years.
These contrasts need to be verified by the Juvenile Justice Board, Lakhisarai. 2 Considering the aforesaid submissions, we direct the Juvenile Justice Board, Lakhisarai to hold an inquiry as to whether the appellant Rakesh Yadav- a convict of Sessions Trial No.212 of 1996 relating to G. R. No. 475 1994, convicted by the learned Additional Sessions Judge, F.T.C. No. IVth, Lakhisarai on 31.5.2011 was juvenile on the date of occurrence or not. The inquiry report must be submitted to this Court preferably within four months from the date of receipt/production of a copy of this order.
Put up this case under the same heading after receipt of the report.
(Shyam Kishore Sharma, J.) (Dinesh Kumar Singh, J.) avin