IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7099 of 2011 RABRI DEVI @ RABRI KUMARI, WIFE OF BACHCHA YADAV, RESIDENT OF VILLAGE – UNWA, P.S. SUGAULI, DISTT. EAST CHAMPARAN AT MOTIHARI ------ PETITIONER. Versus THE STATE OF BIHAR - ----------- 2. 10.03.2011 Heard the parties. The petitioner has sought quashing of the order dated 5.2.2011 passed by the Chief Judicial Magistrate, Motihari, in Sugauli P.S. Case No. 220 of 2010 by which the petitioner has been remanded to the After Care Home at Gaighat, Patna. It has been submitted that when the petitioner was recovered in pursuance to a First Information Report with regard to her alleged kidnapping, she gave her statement under Section 164 Cr. P.C. that she had not been kidnapped and in fact, was pregnant with the child of her husband who was also an accused. At the time of recording such statement, the Magistrate assessed her age as 19 years whereas the Doctor who medically examined her, has assessed her age between 16-17 years. However, the court below on a visual assessment of the petitioner, considered her a minor and, therefore, directed her to be sent to the Remand Home. Since the petitioner herself had contended that she had not been kidnapped and the Doctor also had assessed her as being between 16-17 years, I see no justification for 2 continuance of the present order. In view of such, the application is allowed and the order dated 5.2.2011 passed by the Chief Judicial Magistrate, Motihari, in Sugauli P.S. Case No. 220 of 2010 is quashed and the petitioner will be at liberty to go whereafter she want in exercise of her fundamental right. However, she will be required to file a Bond before the court concerned so that she present herself as and when required by the court below. With these observations, the application is disposed off. Let this order be communicated to the court of Chief Judicial Magistrate, Motihari, in Sugauli P.S. Case No. 220 of 2010, through FAX at the cost of the petitioner. S.Ali ( Anjana Prakash, J.)