IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.358 of 2011 RINKU KUMARI @ RINKU DEVI Versus THE STATE OF BIHAR & ORS ----------- 02/ 29.03.2011 Heard learned counsel for the petitioner and learned counsel for the State. This writ petition has been filed for issuance of a writ in the nature of habeas corpus for production of the petitioner from After Care Home at Gaighat, Patna so that she may be released and set free to live with her husband as per her free will. It appears that father of the petitioner lodged a complaint case before Chief Judicial Magistrate, Hazipur, Vaishali bearing no. 543 of 2010 which was referred to police under Section 156(3) of the Cr.P.C leading to institution of Goraul P.S. Case No. 43 of 2010. According to petitioner’s father she is aged about only 17 years and had been kidnapped by accused persons including Sanjeet Ray. On the other hand, petitioner in her statement under Section 164 of the Cr.P.C claims to be aged 21 years on 25th August, 2010 and claims to have married Sanjeet Ray and after marriage she has given birth to a daughter aged 2 about two months. The Magistrate has assessed petitioner’s age as 20 years while recording her statement under Section 164 of the Cr.P.C. From the order of learned Chief Judicial Magistrate, Vaishali dated 28.08.2010 it is clear that petitioner has been sent to After Care Home at Gaighat only because the Magistrate noticed dispute with regard to age of the petitioner and there was no determination of her age by medical evidence. It has rightly been submitted on behalf of the petitioner that medical evidence can indicate only approximate age and in the facts of the case the assessment of petitioner’s age by the learned Magistrate should have been accepted as a valid criteria for allowing the petitioner to live at a place of her choice when there is no dispute that she is having a daughter aged about two months. In the facts and circumstances of the case, this writ petition is disposed of with a direction to the learned Chief Judicial Magistrate, Vaishali at Hazipur to order for release of the petitioner from custody at After Care Home, Gaighat so that she may be free to go with her husband 3 and reside as per her free will at any place of her choice. Let a copy of this order be sent to learned Chief Judicial Magistrate, Vaishali at Hazipur by FAX. Kundan (Shiva Kirti Singh, J.) (Gopal Prasad, J.)