IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1222 of 2010 BANDANA KUMARI @ BANDANA DEVI …PETITIONER Versus 1. STATE OF BIHAR 2. SATTAN SINGH SON OF BINDESHWAR SINGH 3. GITA DEVI WIFE OF SATTAN SINGH … OPPOSITE PARTIES ----------- 02. 16.08.2010 Heard counsel for the parties. Petitioner is the victim of an offence punishable under section 364A IPC. According to the FIR, she was less than 13 years of age at the time of her kidnapping. The school documents also indicate that she is close to 14 years of age. In her statement made under section 164 Cr.P.C (Annexure-2), the court has assessed her age as 14 years. Petitioner has claimed herself to be aged about 19 years. It appears that on her production for recording statement under section 164 Cr.P.C. and on her insistence not to go with the parents she was lodged in remand home. On her application, it appears that she was subjected to medical assessment of her age by a team of doctors. The Medical Board has found her less than 17 years. In that view of the matter, learned court below has rejected her application (Annexure-4) for her release from remand home. Learned counsel for the petitioner submits that even going by the Medical Board, she is 17 years of age. It is submitted that the age so assessed always admits of scope of one-two years either side. Learned trial court ought to have considered as to whether she has attained the age of 2 understanding where she can be said to be capable of knowing her welfare and then order ought to have been passed. Learned APP, on the other hand, supported the impugned order I have considered the submission advanced on behalf of the parties. In view of the categorical finding with regard to the age recorded by the Medical Board and accepted by the court below, this Court is not in a position to take a different view and thereby to interfere with the order. However, this Court finds force in the submissions of the petitioner that after few months she may be permitted to make such application in the court below itself who will consider all aspects of the matter including the submissions of the petitioner that she is close to 18 years of age and is in a position to understand her welfare. The petitioner is granted liberty to approach the court below once again after four months for her release which shall be considered by the court below in accordance with law unprejudiced by the present order. The application is dismissed with liberty aforesaid. hr ( Kishore K. Mandal )