IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1145 of 2008 Shiv Balak Mahto @ Shibalak Mahto, son of Sri Ram Darash Mahto, resident of Nayatola, Ward No.2, Police station-Manihari, district- Katihar. ….. …… Petitioner Versus 1. The State of Bihar. 2. Superintendent of Police, Katihar. 3. Superintendent, Remand Home, Patna. 4. Investigating Officer (of Manihari P.S. Case no.46/08), Manihari Police Station, district-Katihar. ….. Respondent 1st set. 5. Jagdish Mahto, son of Sri Sunder Mahto, resident of Nayatola, Manihari, Ward No.2, Police station-Manihari, district-Katihar. ….. Respondent 2nd set. ----------- For the petitioner : Mr. Bimal Kumar, Advocate For the respondents : Mr. A. Amanullah, Standing Counsel-XVII Mr. M.K.Pathak, Junior Counsel to Standing Counsel-XVII -------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal --------- Dated, the 11th December, 2008 We heard the counsel for the petitioner. 2. From the materials placed on record, no firm conclusion can be reached that the petitioner Pramila Kumari is major. During course of medical examination her age has been found to be between 16 to 18 years. The Magistrate has opined the age of the girl about 17 years. Since, prima facie, there is no conclusive evidence to establish that the girl Pramila Kumari is major, the grievance of the petitioner - 2 - that Pramila Kumari has been wrongfully detained in After Care Home is misconceived. 3. Writ petition is disposed of accordingly. R. M. Lodha, CJ. Kishore K. Mandal, J. Sunil