IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.50 of 2009 MILA KUMARI @ PARMILA KUMARI, D/o Jagdish Mahto, W/o Shiv Balak Mahto R/o village Maraline Manihari, P.S.Mabnihari,District- Katihar. —Petitioner. Versus 1. STATE OF BIHAR 2. Superintendent of Police, Katihar 3. Superintendent , Remand Home, Gaighat,Patna 4. Investigating Officer, Manihar P.S, Distt- Katihar. 5. Kagdish Mahto son of Sri Sundar Mahto, R/o Nayatola, Manihari, Ward No.2, Katihari 6. Shiv Balak Mahto alias Shibalak Mahto, son of Sri Ram Darash Mahto, R/O village Nayatola Manihari, Ward No.2, Katihar.--- Respondents ----------- For the petitioner : Mr. Binod Kumar For the State : AC to G.A.I --------- 3. 10.2.2009. In this writ application, prayer of the petitioner is to issue a writ in the nature of habeas corpus commanding Respondent No.3 the Superintendent of After Care Home to set her free. It is the assertion of the petitioner that she is adult and had married Respondent No.6 Shiv Balak Mahto according to her own choice and her father being annoyed to that, lodged false case against her husband, which was registered as Manihari P.S.Case No.46 of 2008. It is her assertion that in the said case, she has been remanded in the After Care Home. Mr. Binod Kumar, appearing on behalf of the petitioner, contends that petitioner is major and not an accused in the case, and therefore, she ought not to have been remanded in the 2 After Care Home. He submits that continued confinement of the petitioner since May, 2008, is illegal. AC to GA.I represents the State. By order dated 9.2.2009, we had directed the Superintendent of the After care Home to cause production of the petitioner. In pursuance thereof, she has been produced before us and states that she is major and willing to go along with her husband Respondent No.6. The doctor, who had examined her as back as on 6.5.2008, had found her between 16 to 18 years. Petitioner’s husband, namely, Shiv Balak Mahto, who is present in person, as also her father-in-law state that they will treat the petitioner with dignity. In view of aforesaid, we direct that the petitioner be set at liberty forthwith. She is free to go along with her husband and father- in-law. Application stands disposed off with the direction aforesaid. ahk (C. K. Prasad,ACJ) (Shyam Kishore Sharma)