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 29/09/2011 This 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.)
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