IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1443 of 2009 NANKI DEVI WIFE OF YUGAL SHARMA, DAUGHTER OF VIJAY SHARMA, RESIDENT OF VILLAGE MOBRAKPUR, P.S. SALKHUWA, DISTRICT SAHARASA. ……. PETITIONER. Versus STATE OF BIHAR ----------- 3/ 09-11-2009 Heard learned counsel for the petitioner. In this case the petitioner is a victim of a case under sections 363 and 366A/34 of the Indian Penal Code. Learned counsel appearing for the victim girl submits that the court/Board was never empowered or competent to remand this victim to Remand Home . A petition was filed on behalf of the husband now that is not opposed by the father also. To that extent that victim is not accused of a case rather for her safety there is provision for her captivity. Once the age of the victim is determined as major, she should be released at once. In the court of Chief Judicial Magistrate prayer was being made on behalf of the husband which was being opposed on behalf of the petitioner’s father on the ground of her age as minor. Till today nothing has appeared to show the victim ( petitioner) as a major one. Prayer made on behalf of Yugal Sharma was refused but he has not taken trouble to challenge that order nor there is any petition filed on behalf of the petitioner’s father in the court below for release of this petitioner. So the prayer may not be allowed. She will be at - 2 - liberty to move the court below where the case is pending for her release. In case her father is also consenting Yugal Sharma to take her to him or any authorized person comes in the court for petitioner’s release that will be decided at once, always keeping in mind that victim of a case under section 366A may not be kept in custody for a moment, save and except that is required for safety of the victim. Accordingly, this petition is disposed of. ( Mandhata Singh, J ) BTiwary/