IN THE HIGH COURT OF JUDICATURE AT PATNA CR.W.J.C. No.172 of 2011 ANGURI KHATOON, DAUGHTER OF MD. NIJAM, R/O VILLAGE SADATPUR, P.S. KANTI, DISTRICT MUZAFFARPUR .. PETITIONER Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, MUZAFFARPUR 3. THE SUPERINTENDENT OF POLICE, MUZAFFARPUR 4. THE DEPUTY SUPRINTENDENT OF POLICE, MUZAFFARPUR 5. THE SUPERINTENDENT OF WOMAN REMAND HOME, PATNA .. RESPONDENTS **** /3/ 4 March 2011 Heard learned counsel for the petitioner and learned counsel for the State. This criminal writ petition has been filed for appropriate directions to the concerned authorities to release the petitioner from Remand Home of Patna on the ground that she is neither an accused nor even a necessary witness in any case and she has been detained only on the ground that she is a minor and if she is released there are chances of her being exploited for immoral or illegal purposes. From the order, dated 13.12.2010, passed in S.T. No. 782 of 2009 by Additional Sessions Judge, Fast Track Court, V, Muzaffarpur, the aforesaid 2 submission is corroborated because the order shows that the petitioner has been kept in the institution established by the State Government on the ground that she is under eighteen years of age and neither her parents nor her husband has come forward to take care of her. The order, further, shows that according to the Medical Board the age of the petitioner on 09.09.2009 was asserted to be between 16 and ½ to 17 years. The Court has, further, recorded that she was appearing to be minor and, therefore, while recording her deposition in the case on 19.12.2010 her age was assessed as 17 years. From Annexure 1, another medical examination report purporting to be of the petitioner, her age appears to be 17 years, plus-minus one year as on 26.05.2009. From Annexure 2, which contains deposition of petitioner under Section 164 of the Criminal Procedure Code on 04.05.2009, her age appears to be 17 years as per assessment of the Court and as per her own version. Thus, from the materials available on record as well as from the discussions made by the 3 learned Fast Track Court in the order, dated 13.12.2010, it is noticed that assessment of petitioner’s age on 09.12.2010 as 17 years is contrary to her age assessed by the Medical Board on two occasions as well as her age assessed by the Court while recording her statement under Section 164 of the Criminal Procedure Code. From the bulk of evidence relating to age of the petitioner it is clear that she has now attained majority and in any case even as per Medical Board, Patna, she will be major on 09th March, 2011, even if it is presumed that she was 16 and ½ years old and not 17 years on 09.09.2009. In view of aforesaid discussions and findings, we are of the considered view that the learned Court below ought to have treated the petitioner to be a major. Accordingly, the Court below (Additional Sessions Judge, Fast Track Court, V, Muzaffarpur) is directed to at once order for release of the petitioner, above named, in connection with S.T. No. 782 of 2009 from the Remand Home, Patna. She would be at liberty to reside any where as per her own free choice. The only protection the Court below should take is to 4 inform the parents of the petitioner or other relations at the time of her release, so that her physical safety is ensured. With the aforesaid observations and directions, this application is allowed. If costs are deposited by the petitioner, let this order be communicated to the Court of Additional Sessions Judge, Fast Track Court, V, Muzaffarpur, by fax. S.A. (Shiva Kirti Singh, J.) ( Gopal Prasad, J.)