IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1082 of 2008 SUSHMITA RAJ Versus STATE OF BIHAR & ANR ----------- 5. 22.12.2008. This revision has been preferred against the order dated 26.8.2008 passed by C.J.M., Samastipur in Samastipur Town P.S. Case No.429 of 2008 thereby the petition filed by the petitioner Sushmita Raj for her release from Remand Home has been rejected. In view of the order dated 28.11.2008 passed by this Court, the Superintendent, Remand Home, Gaighat, Patna City has produced the petitioner Sushmita Raj from the Remand Home. She has also filed show cause. Heard the learned counsel for both the parties as well as the petitioner/victim personally. The victim claims herself to be aged more than 18 years and submits that she has already married with Himanshu Jha. She wants to live with her husband Himanshu Jha. She is not willing to go with her parents. In support of the age, Annexure-3, the certificate of the Headmaster, Government - 2 - Middle School, Bela Pachrukhi has been filed through supplementary affidavit, which would also go to show that the petitioner has already attained the age of 18 years. On the other hand, the learned counsel for the opposite party, who is father, has filed a photo copy of the medical report, which would suggest the age of the petitioner on 25.8.2008 as 15-16 years. It is well settled law that the error of margin in assessment of age by the Medical Board is two years. In this view of the matter also, the age of the petitioner comes to more than 18 years. Thus, having regard to the facts and circumstances of the case as well as the statement of the petitioner, this Court have no option but to allow the petition of the petitioner. The court below is directed to release the petitioner from Remand Home on proper condition and surety for her future production and hand over the petitioner to her husband/father-in-law, namely, Himanshu Jha/Nagendra Jha. Under the facts and circumstances, - 3 - N.H./ the show cause filed by the Superintendent, Remand Home, Gaighat, Patna City is hereby accepted. She is exempted from her personal appearance. Let this order be communicated to the court below through fax on cost being deposited by the petitioner. ( Ghanshyam Prasad )