IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.161 of 2009 NISHU KUMARI @ NISHU DEVI Versus THE STATE OF BIHAR & ORS ----------- 2 03.02.2009. Heard learned counsel for the parties. In the instant writ petition, the petitioner claims to be a major and prays for her release from Remand Home in connection with Bidupur Police Station case no. 198 of 2008 registered under section 363,366A/34 of the I.P.C. instituted by her. In support of his contention, learned counsel for the petitioner relies upon annexure 2, 164 Cr.P.C. statement of the girl recorded on 28th October, 2008, wherein the learned magistrate estimated her age to be 19 years. However, the informant who has appeared suo motu submits that date of birth recorded in the marks sheet of the matriculation examination issued by the Bihar School Examination Board, Patna is 25.3.1993 and she was ultimately 15 ½ years old on the date of occurrence. It appears the issue involved is whether the petitioner is major or whether she is as child in need of care and protection as enshrined in section 2(d) of Juvenile Justice Act, 2000. In view of conflicting claims being made in regard to the age of the girl, it would be desirable that the Juvenile Board, Hajipur would make due enquiry and assess the age of the petitioner. Parties may file appropriate documents to adduce evidence in support of their claims. The writ petition is disposed of with the aforesaid observations and directions. Shashi. (S.P.Singh,J).