Remanded

Bhola Ram @ Bholi Ram v. The State Of Bihar

Patna HC11 Jul 2019CR. APP (SJ)/699/2016

Case brief

AI extract

What is this about?

In an appeal, the High Court held that a plea of juvenility raised for the first time in an interim application is maintainable under Section 7A of the Juvenile Justice Act and directed the lower court to conduct an inquiry.

What did the court decide?

Directed the lower court to conduct an inquiry regarding the appellant's date of birth and transmission of report within three months.

Bhola Ram @ Bholi Ram Vs The State Of Bihar — Criminal Trial and Appeal | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Appeal (SJ) No.699 of 2016

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Arising Out of PS.Case No. -17 Year- 2012 Thana -ATHMALGOLA District- PATNA

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===========================================================

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Bhola Ram @ Bholi Ram S/o Baleshwar Ram Resident of Village- Ram Nagar Diyara Ganpat Rai Ke Tola, P.S.- Athamalgola, District- Patna.

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.... .... Appellant/s

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Versus The State of Bihar .... .... Respondent/s =========================================================== Appearance: For the Appellant/s : Mr. Dhirendra Kumar, Adv. For the Respondent/s : Mr. Abhay Kumar, APP

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=========================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI CAV ORDER Date: 21-09-2017

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I.A. No.552/2017 has been filed on behalf of appellant

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on the pretext of claiming himself to be juvenile and so prayed for declaration of juvenility in his favour. In order to substantiate its claim, it has been submitted that his date of birth happens to be 10.04.1997 while the alleged occurrence is of dated 02.03.2012 on which date he was even below 15 years of age.

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2. The aforesaid prayer has been contested on behalf of respondent State by way of filing counter affidavit. Furthermore, it has been submitted that plea of juvenility has not been raised on behalf of appellant during course of trial, statement under Section 313 Cr.P.C. and so, prayer would not be maintainable.

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3. So far plea is concerned is found maintainable in terms of Section 7A of the Juvenile Justice (Care and Protection of Children) Act whereupon the learned lower court is directed to conduct an inquiry and transmit the same with his own finding on

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Patna High Court CR. APP (SJ) No.699 of 2016 dt.21-09-2017

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that very score and for that, both the parties should be properly noticed supported by proper execution report. The inquiry must be completed within three months, from the date of receipt of the order. Office to communicate at once and list after procurement of report in terms of direction having given herein above.

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(Aditya Kumar Trivedi, J.)

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Prakash Narayan

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AFR/NAFR	N.A.F.R.
CAV DATE	N.A.
UploadingDate	22.09.2017
Transmission Date	22.09.2017

Bhola Ram @ Bholi Ram v. The State Of Bihar

Case brief

What is this about?

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Bhola Ram @ Bholi Ram v. The State Of Bihar

Case brief

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What did the court decide?

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