Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel appearing on behalf of opposite party no.2.

2. The petitioner has preferred this criminal revision application against the order dated 09.06.2016, passed by learned Additional District & Sessions Judge, 6th, Bhagalpur in Criminal Appeal No.17 of 2016 thereby setting aside the order dated 23.03.2015 of the Juvenile Justice Board, Bhagalpur passed in G.R. No.1580 of 2014, arising out of Sanokhar P.S. Case No.40 of 2014.

3. The brief fact giving rise to the case is that opposite party no.2 is one of the accused in Sanokhar P.S. Case No.40 of 2014 registered under Sections 364(A)/34 of the Indian Penal Code. Later on Section 376 of the Indian Penal Code as well as Section 4 of the POCSO Act are added but charge-sheet was submitted under Sections 366(A), 376, 395(A)/34 of the Indian Penal Code as well as under Section 4 of the POCSO Act. The Juvenile Justice Board, Bhagalpur made an enquiry for determination of the age of opposite party no.2 and school admission register was produced in which his date of birth was recorded as 05.10.1996 while being admitted in Class L.K.G. and also pho