IN THE HIGH COURT OF JUDICATURE AT PATNA
D. REF. No.7 of 2010
State of Bihar
Versus
Ajay Singh And Others
with
CR. APP (DB) No.640 of 2010
Sanjay Singh
Versus
The State of Bihar
with
CR. APP (DB) No.643 of 2010
Ashok Singh
Versus
The State of Bihar
with
CR. APP (DB) No.652 of 2010
Bela Singh
Versus
The State of Bihar
with
CR. APP (DB) No.675 of 2010
Kamlesh Singh
Versus
The State of Bihar
with
CR. APP (DB) No.676 of 2010
Santosh Singh
Versus
The State of Bihar
with
CR. APP (DB) No.680 of 2010
Narendra Singh @ Nagendra Singh
Versus
The State of Bihar
with
CR. APP (DB) No.685 of 2010
Mangal Rai
Versus
The State of Bihar
with
CR. APP (DB) No.688 of 2010
Manoj Singh
Versus
State of Bihar
with
CR. APP (DB) No.690 of 2010
Bharat Mauar & Ors
Versus
State of Bihar
2
with
CR. APP (DB) No.693 of 2010
Ajay Singh
Versus
State of Bihar
with
CR. APP (DB) No.727 of 2010
Hare Ram Singh & Ors
Versus
State of Bihar
with
CR. APP (DB) No.729 of 2010
Bachcha Singh @ Harekrishna Singh
Versus
State of Bihar
with
CR. APP (DB) No.746 of 2010
Munna Singh
Versus
The State of Bihar
with
CR. APP (DB) No.807 of 2010
Kanhaiya Singh
Versus
The State of Bihar
with
CR. APP (DB) No.823 of 2010
Subedar Singh & Anr
Versus
State of Bihar
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4 04.11.2011 We have seen the record of the Juvenile Justice Board,
Bhojpur at Ara, forwarded to this Court by Sri Sumit Ranjan, Judicial
Magistrate, Ist Class, Bhojpur at Ara under his Letter No. 177 dated
5.9.2011 passed in death reference and analogous appeals.
By the said order dated 3.5.2011 noticing the plea of
juvenility raised on behalf of (i) Bela Singh of Cr. Appeal (DB) No.
652 of 2010, (ii) Santosh Singh of Cr. Appeal (DB) No. 676 of 2010,
(iii) Manoj Singh of Cr. Appeal (DB) No. 688 of 2010 and (iv) Dilip
3
Singh appellant no. 3 of Cr. Appeal (DB) No. 727 of 2010. This Court
had referred the matter to the Juvenile Justice Board. Upon inquiry, the
Juvenile Justice Board has found Bela Singh, Manoj Singh and Dilip
Singh to be juvenile within the meaning of Section 2 (k) of the
Juvenile Justice (Care and Protection of Children) Act, 2000 as
amended. So far as appellant Santosh Singh is concerned, he has been
found to be not juvenile on the date of occurrence.
Learned counsels for the State and for the informant do not
challenge the report of the Juvenile Justice Board. In that view of the
matter, this Court has no option but to accept the finding of the
Juvenile Justice Board, declaring Bela Singh, Manoj Singh and Dilip
Singh as aforesaid to be juvenile in conflict with law, which fact would
have to be kept in mind when ultimately this Court is required to pass a
sentence against them because the sentence, that can now be passed,
would be governed by the provisions of the Juvenile Justice (Care &
Protection of Children) Act, 2000 and not as per provisions of the
Code of Criminal Procedure and the Indian Penal Code.
This death reference with associated appeals are now ready
for final hearing. List it for hearing just below Death Reference No. 5
of 2011 and analogous appeals on 14th of November, 2011.
(Navaniti Prasad Singh, J.)
Sanjeet/ (Ashwani Kumar Singh, J.)