IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.643 of 2008 NAGENDRA SAHANI Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Mr. Ram Chandra Sahni For the respondent nos. 1 to 5 : Mr. Lalit Kishore, AAG -III P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 30th July, 2008 Nagendra Sahani is the petitioner. He is about 20 years old. He claims to have married Sunita Kumari (daughter of respondent no.6). By this criminal writ petition he has prayed for release of Sunita Kumari from the Remand Home, Gai Ghat, Patna. He has averred that Sunita Kumari is not involved as accused in any case. 2. From the material that has been placed on record, it is apparent that Sunita Kumari is about 16-17 years of age. She is minor as per the medical opinion. However, the counsel for the petitioner relies upon a decision of the Supreme Court in the case of JYOTI PRAKASH RAI @ JYOTI PRAKASH VS. STATE OF BIHAR, 280 (3) PLJR 280 and submits that since medical evidence is not conclusive proof of the age of Sunita Kumari, two years be added to her age and she be considered as major and released from the Remand Home. 3. We are afraid, the submission of the counsel for the 2 petitioner is fallacious. The age cannot be added or subtracted as the counsel suggested. For want of any conclusive evidence, at this stage, we have no justifiable reason for discarding the medical evidence. Sunita Kumari, thus, has to be held to be minor. 4. Since Sunita Kumari is minor and her parents have refused to take her to their home, the Chief Judicial Magistrate, Motihari cannot be said to have erred in sending Sunita Kumari to the Remand Home, Gai Ghat, Patna. 5. We find no justification , in the facts and circumstances of the case, to issue writ in the nature of habeas corpus sought for by the petitioner. 6. The criminal writ petition is dismissed. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-