IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.552 of 2009 SHYAMDEO YADAV @ SHYAM KISHORE YADAV Versus STATE OF BIHAR & ORS ----------- 4. 18.5.2009. Heard learned counsel for the parties. Petitioner is aggrieved by order dated 24.1.2009 passed in Chapra P.S.Case No.194 of 2008 by the Chief judicial Magistrate, Chapra, whereby Roopa Kumari alias Soni Kumari has been handed over to her mother, namely, Punam Devi opposite party no.2. Petitioner claims that father and mother of opposite party no.3 had filed a case under section 366A/34 of the Indian Penal Code against him giving rise to Kankarbagh P.S.Case no.324 of 2007. In her statement under Section 164 of the Code of Criminal Procedure, opposite party no.3 had stated that she has married the petitioner and want to live with him. The aforesaid statement of the girl was recorded on 23.1.2009 and the learned Magistrate, in seisin of the case, has assessed her age as 17 years. Learned counsel for the petitioner submits that after lodging of the aforesaid case, a Medical Board was constituted to assess the age of the girl, in which her age was assessed as 17 to 19 years. Learned counsel for the State submits that the Investigating Officer, after consideration of the 2 facts and circumstances of the case, had recommended that the girl be handed over to her parents. After hearing the parties, this Court is of the view that the learned Magistrate, in seisin of the matter, shall constitute a fresh Medical Board to assess the age of the girl. On receipt of the aforesaid report, the court below would pass fresh order regarding the custody of Roopa Kumari alias Soni Kumari by disposing of the case within two months from the date of receipt/production of a copy of this order. In case, she is found to be major, then she may be allowed to go as per her will. It will be open to the State also to produce documents in support of the age of the girl. This application is disposed off with the direction aforesaid. ahk (S.P.Singh,J.)