IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.953 OF 2008 AND NEERAJ KUMAR CR. WJC NO.1086 OF 2008 SINTU KUMARI @ SUSMITA KUMARI @ SUBHAMITA KUMARI VERSUS STATE OF BIHAR & ORS ----------- 3. 27.01.2009. Heard learned counsel for the parties. Both writ petitions are being disposed of with this common order as issues involved therein are similar. Petitioners have come to this Court for quashing orders dated 17.9.2008 and 11.11.2008, passed by court below in Pali Police Station case no. 26 of 2008, lodged by mother of petitioner Sintu Kumari against petitioner Neeraj Kumar and his family members under sections 363, 366A/34 I.P.C. By this order, the petition for release of petitioner Sintu Kumari from the Care Home, Gaighat has been rejected by learned Magistrate. It is submitted on behalf of the petitioners that they are major and have married each other out of their own free will. It is further submitted that petitioner Sintu Kumari had filed Cr WJC no. 777 of 2008, whereunder the Division bench of this Court under order dated 28.8.2008 directed for medical examination for ascertaining her age against her claim to be major. Petitioners’ petitions for release from Care Home were refused by the court below under the aforesaid orders on the premises that her (Sintu Kumari) age was adjudged to be 16 ½ - 17 years on 19.5.2008. Learned counsel for the petitioners referring to a decision rendered in case of Jaya Mala Vs Home Secretary, Govt. of J.K. and - 2 - others, reported in 1982 SC 1297, para 9 submits that at times medical report is not exact report in respect of age of the person concerned and there can be a margin of error of two years on either side. In support of his contention, learned counsel further refers to a decision rendered in the case of S Baradrajan Vs the State of Madras, reported in 1965 SC 948, whereunder it has been observed that if a girl has attained the age of discretion and on the verge of attaining majority, indulgence may be granted to her to choose her own way of life, particularly in respect of her marriage. In view of the Medical board, the age of the petitioner Sintu Kumari would be 17-18 years old in May, 2009. As such, if she files an application for her release from Care Home, Gaighat after three months from today, the learned court below would pass order directing her release in terms of the observations noted above. Let this order be faxed to the court concerned at the cost of the petitioners. Shashi. (S.P.Singh,J)