Patna High Court - Orders
The State Of Bihar Through D. M. ... vs Shailesh Kumar & Anr on 16 January, 2017
Author: Sharan Singh
Bench: Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.759 of 2016
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1. The State Of Bihar through D. M. Darbhanga.
.... .... Petitioner/s
Versus
1. Shailesh Kumar S/o Late Ram Babu Jha,
2. Karan Jha @ Vikash Jha @ Ashutosh Jha, son of Late Ram Babu Jha,
Both residents of Village- Mahia, P.S- Nanpur, District- Sitamarhi.
3. Bihar School Examination Board, Patna
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Parmeshwar Mehta, APP
For the B.S.E.B : Ms. Namrata Mishra
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
SHARAN SINGH
ORAL ORDER
4 16-01-2017The State of Bihar preferred this criminal revision application under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000, against the order, dated 12.05.2016, passed by the Learned Sessions Judge, Darbhanga, in Sessions Trial No. 146 of 2016, arising out of Baheri Police Station Case No. 270 of 2015, whereby he has declared the Opposite Party No. 2 to be a juvenile. Such declaration is based on entry of date of birth of the Opposite Party No. 2 in the admit card/provisional certificate and mark sheet issued by the Bihar School Examination Board (hereinafter referred to as "the Board"). His date of birth, as entered in the said documents, is 05.05.1999.
It is the case of State of Bihar that Opposite Patna High Court CR. REV. No.759 of 2016 (4) dt.16-01-2017 2/3 Party No. 2 had earlier also appeared at the matriculation examination held by the Board, in which his date of birth was entered as 21.10.1995 and the Opposite Party No. 2 has got the entry of the date of birth made by playing fraud. According to him, the Opposite Party No. 2 had appeared in the 2010 Matriculation Examination, with Roll No. 06587 and Roll Code 51072, in which he had failed. In the said examination, the date of birth of Opposite Party No. 2 was disclosed as 21.10.1995.
Pursuant to an order of this Court, the Bihar School Examination Board has been impleaded as Opposite Party No. 3. Ms. Namrata Mishra, learned Counsel, has accepted notice on behalf of the Board.
Let the Secretary, Bihar School Examination Board, Patna, file an affidavit dealing with the entries of date of birth of the Opposite Party No. 2 in such circumstances and inform this Court as regards genuineness of the subsequent certificate issued in favour of Opposite Party No. 2 having passed matriculation examination in the year 2014. The Board will take into account the communication, dated 20.05.2016, made by the Senior Superintendent of Police, Darbhanga, addressed to the Public Prosecutor, Darbhanga, which has been brought on record by way of Annexure-5 to this application. Patna High Court CR. REV. No.759 of 2016 (4) dt.16-01-2017 3/3
Such an affidavit must be filed within a period of two weeks from today.
List this case, under the same heading, on 30th January, 2017.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/-
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