IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.771 of 2008 KIRAN KUMARI @ SANJANA KUMARI Versus THE STATE OF BIHAR & ORS ----------- 3 19.12.2008. Heard learned counsel for the parties. In the instant case, the petitioner has prayed for her release from the remand home and be allowed to live with her in-laws including her husband, namely, Pankaj Kumar. It is submitted on behalf of the petitioner that Makhdumpur Police Station case no. 23 of 2008 dated 3.2.2008 was filed under section 366A I.P.C. against said Pankaj Kumar and his family members. In the FIR, it had been alleged that Pankaj Kumar and his family abducted informant’s 15 years old daughter (the petitioner ). It is submitted on behalf of the petitioner that she has married to Pankaj Kumar out of free will and even as per medical report her age was assessed as 17 years on the date of occurrence. Moreover, in her 164 Cr.P.C. statement she has claimed herself to be 19 years old. Learned counsel for the petitioner relied on a judgment of the Apex court rendered in the case of Jayamala Vs. The Home Secretary, Jammu & Kashmir reported in 1982 SC 1297 where it has been observed that medical report in regard to age is a mere opinion and there can be an error to an extent of one or two years in view of the very nature of radiological test. It is also submitted that the petitioner in any case has now attained the majority. It is also submitted by the petitioner that after release she would like to go and live with her husband and his family in her matrimonial house. - 2 - It is submitted by the learned Addl PP that the trial is on progress in the court of Additional Sessions Judge cum Fast Track Court No. 1, Jehanabad. In view of the facts and circumstances of the case, this court observes that the petitioner should be produced before the learned Additional Sessions Judge cum Fast Track Court No. 1, Jehanabad court on 15.1.2009, thereafter order regarding her release would be passed keeping in view wish of the petitioner. Parents of the petitioner and Pankaj kumar would also be present in person in the aforesaid court on that date. Let this order be faxed to the court concerned at the cost of the petitioner. Shashi. (S.P.Singh,J)