{1} D.B. HABEAS CORPUS PET.97/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR O R D E R D.B. HABEAS CORPUS PETITION NO. 97/2010 BHAGWAN SAHAI Vs. STATE OF RAJ. & ORS. DATE OF ORDER: 13.09.2010 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN HON'BLE DR. JUSTICE MRS. MEENA V. GOMBER **** Shri Bhagwan Sahai, the petitioner, is present in person. Smt. Mothi, the wife of petitioner Bhagwan Sahai is also present in person. Mrs. Param Jyoti, S.P.(Legal), Crime Branch, CID(CB), Rajasthan, Jaipur is present in person. Mr. Dilip Kumar Saini, Circle Officer, Neem-Ka-Thana, District Sikar is also present in person along with lady Constable Ms. Saroj (Belt No.1073), Police Line, Sikar. They have produced detenue Mamta before us. As per certificate of date of birth (Annexure-1), the date of birth of detenue is 10.05.1995. Detenue has produced the photo-state copies of leaving certificate of Swami {2} D.B. HABEAS CORPUS PET.97/2010 Teunram High School, Kumarnagar, Dhule, according to which her date of birth is 15.05.1993. Another certificate issued by the District Institute of Education & Training (DIET), Sikar of 8th Class is also produced, according to which her date of birth is 10.05.1993. Certificate Annexure-1 is also available in the case diary, which is produced by the Circle Officer. As per documentary evidence produced by the petitioner as well as detenue, it is clear that detenue is below 18 years of age and she is minor. Circle Officer has also referred the statement of Mamta recorded under Section 164 Cr.P.C by the Additional Chief Judicial Magistrate No.2, Srimadhopur, District Sikar on 26.04.2010, wherein she stated her age to be 16 years. In these circumstances, there is ample evidence available on record to show that detenue is below 18 years of age and minor. In these circumstances, petitioner Bhagwan Sahai, natural father of detenue is entitled to the custody of Mamta. As directed by us, the Circle Officer has handed over the custody of Mamta to petitioner Bhagwan Sahai in the Court itself. {3} D.B. HABEAS CORPUS PET.97/2010 The habeas corpus writ petition stands disposed of. (MEENA V. GOMBER),J. (NARENDRA KUMAR JAIN),J. /KKC/