IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1170 of 2010 SIKANDAR SAHANI son of Mahesh Sahani, resident of Fatehpur, P.S. Sahebpur-Kamal,District Begusarai…………………………… … Petitioner Versus 1. STATE OF BIHAR through Principal Secretary, Home Department, Government of Bihar, Patna 2. The Chief Judicial Magistrate, Begusarai 3. The Superintendent of Police, Begusarai 4. The Superintendent, After Care Home, Patna 5. The Investigating Officer, Sahebpur Kamal,Begusarai 6. Sri Bhutto Mahto, son of late Santu Mahto, resident of Panchveer, P.S. Sahebpur Kamal, District Begusarai…………………………….. … Respondents. For the petitioner: Ms. Soni Shrivastava, Adv. Shri Pritessh Kr. Lal For the State: Shri N.K.Singh,S.C.VI Shri Jaya Prakash Sharma, A.C. to S.C.VI ----------- 3. 22.11.2010 The petitioner who is the brother-in-law of Anjola Kumari alias Anjli Kumari has filed this application with a prayer to release her from her confinement at Remand Home, Gai Ghat, Patna City. The petitioner’s case is that Anjola Kumari alias Anjli Kumari is married to his younger brother and on account of institution of a false case by her father alleging abduction of his minor daughter the Chief Judicial Magistrate, Begusarai has remanded her to Nari Niketan,Gai Ghat, Patna. City. On the last occasion when this matter was taken up for hearing, no document in support of the age of Anjli Kumari was brought on record either by the petitioner or by the State. Today, when the matter was taken up counsel for the State has not filed any counter affidavit but he has filed a copy of the medical report obtained by the Investigating Officer 2 wherein the age of Anjola Kumari alias Anjli Kumari has been assessed in between 15 to 16 years. However, Anjola Kumari alias Anjli Kumari who has been produced by the Superintendent, Remand Home, Gai Ghat, Patna City on the orders of this Court is standing in court. She does not seem to be a girl of 15to16 years, rather her appearance indicates her to be a girl of 18 to 19 years. Anjola Kumari alias Anjli Kumar also disclosed her age in her statement recorded under Section 164 Cr. P.C. as 19 years. The question which has to be decided is as to whether on account of assessment of the age of Anjola Kumari alias Anjli Kumari by the Medical Board in between 15 to 16 years, when in fact her physical and mental status do not indicate her to be of 15 to 16 years, she should be allowed to remain at Remand Home or considering her wishes as disclosed in her statement under Section 164 Cr. P.C, she should be allowed to be released. Similar situation has been considered and decided in the decision of the Supreme Court reported in (1982) 2 S.C.C. 538 Jaya Mala Vs. Home Secretary, Govt. of Jammu and Kashmir and Ors. where it has been held that court can take judicial notice of the fact, if there is marginal discrepancy of two years on either side, in age assessment. In that case, the age of the girl could be considered on the higher side, giving benefit of two years. In the present case, the age of Anjola Kumari alias Anjli Kumar has been ascertained in between 15 to 16 years. 3 Giving benefit of two years, her age could be ascertained as 18 years. Giving this benefit to her, she should be released from the Remand Home. Admittedly, she is married to Rajesh Sahani, the brother of the petitioner and is willing to lead her conjugal life with her husband. Socially, it will be for her benefit that she is allowed to go with her husband, specially in view of her statement recorded under Section 164 Cr. P.C., where she has disclosed that the reason for leaving her parents house was that contrary to her wishes, parents wanted to marry her with a person, who was much older in age. In the facts and circumstances, this application is allowed and the order dated 28.4.2010 passed by the Chief Judicial Magistrate, Begusarai, in connection with Sahebpur Kamal P.S.Case No. 22 of 2010 ( Annexure 4) is quashed. Anjola Kumari alias Anjli Kumari who is confined at Remand Home, Gaighat, Patna City, in connection with the above noted case is directed to be released forthwith, if not wanted in any other case, to lead her conjugal life with her husband. Kanth ( Mridula Mishra, J.) ( Dharnidhar Jha, J.)