IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR D.B. Habeas Corpus Writ Petition No. 36/2010 Bidami Devi Versus State of Rajasthan & Others. Date of Order: 22.04.2010 Hon'ble Mr. Narendra Kumar Jain,J. Hon'ble Mrs. Meena V. Gomber,J. Mr. Nemi Chand Sharma on behalf of Mr. Suresh Pareek, for the petitioner. Smt. Bidami Devi, petitioner present in person. Mr. Rajendra Yadav, Government Advocate, for the State. Mr. Narendra Mewara on behalf of Mr. Ashvin Garg, for the complainant. BY THE COURT: Detenu Bhaganti has been produced by Shri Laxman Sankhla, Circle Officer, Rajgarh, District Alwar. She stated her age to be 18 to 19 years. She further stated that she was living with her mother for last so many days, but she does not want to live with her and would like to go with one Kalu S/o Ramkaran, by Caste Meena resident of Village Surel, Police Station Rajgarh, District Alwar even if she has not married with him. Learned counsel for the petitioner contended that the detenu stated her age to be 15 years on 28.07.2009 when her statement under Section 164 Cr.P.C. Was recorded in another case, therefore, she appears to be minor and her custody should be given to the petitioner, who is her mother. Circle Officer produced Case Diary wherein a photostat copy of an application for admission of Bhaganti in school is available alongwith the certificate of the Head Master, Government Upper Primary School, Nangal, Dharmu, Panchayat Samiti Rajgarh, Alwar dated 07.10.2009 wherein her date of birth is shown as 28.09.1993. From the appearance of the detenu, she appears to be major, but without commenting anything with regard to actual age of detenu, but for the reason that the detenu was living with the petitioner, we are of the view that there was no unlawful custody or illegal detention of the detenu. Therefore, no further order is required to be passed in the case. The habeas corpus writ petition stands disposed. (Meena V. Gomber),J. (Narendra Kumar Jain),J. Manoj Item No.S.1(Court No. 5).