IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.764 of 2011 Rani Kumari w/o Ranjit Sahani and daughter of Ram Swarath Sah, resident of village- Dumma Hirauta, P.S. Tariyani, District- Sheohar. …..Petitioner Versus 1.The State Of Bihar through the Secretary Department of Welfare, Govt. of Bihar, Patna. 2.The Director General of Police, Govt. of Bihar, Old Secretariat, Patna. 3.District Magistrate, Sheohar. 4. The Superintendent of Police, Sheohar. 5. S.H.O. Tariyani P.S., District- Sheohar. 6. Ram Swarath Sah s/o late Subalal Sah r/o village Dumma Hirauta, P.S. Tariyani, District- Sheohar. ------------- 3 9.8.2011 By this writ application, the petitioner , who is lodged in the After Care Home, Gaighat, Patnacity, pursuant to order of the Sub-divisional Judicial Magistrate, Sheohar, has prayed for her release claiming that she is mature and is married to Ranjit Sahani, who is a co- villager of Sheohar but their marriage, being inter caste, was not accepted by her parents and as such they have filed a criminal case being Tariyani P.S.Case no. 52 of 2010, on 11.4.201, under Section 366A/34 of the Indian Penal Code as against her husband, parents and others. It is a matter of record that she has given birth to a child in the After Care Home about a month back. The petitioner and her husband Ranjit Sahni, who is present, say that the child has been born in their wedlock. The father- in-law and the mother-in-law are also present. They admitted the marriage and accept the petitioner as their daughter-in-law. They are all illiterate. They wanted to live as a family. It may be noted here that pursuant to the order of learned Sub- 2 divisional Judicial Magistrate, Sheohar, the petitioner was examined by the Medical Board, who had opined her age to be about seventeen years. Considering the maturity by appearance, we find that she is mature to take own decision. We accordingly order that she be released from the After Care Home to live with her family as they wish and we direct the Superintendent, Gaighat, After Care Home,Patnacity, accordingly. In view of the aforesaid, the writ petition is thus disposed of. Singh ( Navaniti Prasad Singh, J.) (Ashwani Kumar Singh.,J)