Judgment S.Shamsul Hasan, J. 1. This application is disposed of at the admission stage itself with the consent of the parties as the matter involves the deliverance of a respectable girl from the After Care Home for women situated at Pathar-ki-Masjid within the Sultanganj Police Station, Patna (hereinafter referred to as the Care Home). 2. The matter has come up before me today for adjudication only on the question of the release of the victim girl, namely, Archana alias Afsana Khatoon, from the Care Home where she is now lodged on the orders of the Chief Judicial Magistrate. The petitioner asserts that he married ,the aforesaid girl with her consent and they have lived as husband and wife and she is consequently pregnant. It may be stated that the petitioner is being prosecuted on these facts and is at present on bail When the matter was heard by me at the time of admission. I had directed the authorities to produce the girl, namely, Archana alias Afsana Khatoon, in Court. This direction was sent to the Senior Superintendent of Police, Patna, to depute an Inspector of Police to do the job It appears that this direction has been disobeyed because the girl has come here with the Matron of the Care Home without being escorted by the Police. The Matron informs that the order of this Court was conveyed to her by somebody from the Sultanganj Police Station and in obedience to that order she has come with the victiem girl. 3. There are two aspects of the matter that need to be considered. Firstly, whether the victim girl was a minor one when 1he kidnapping took place and secondly whether at present she should continue to be lodged in the Care Home or she should be released to move freely wherever she wants because the difference of age is entirely marginal. 4. In regard to the first question, I may clarify that I am not concerned with this point in this application. It will be one of the subjects for consideration at the trial of the petitioner. My observations in this application should not be treated to the benefit or detriment to any party either the prosecution or the petitioner and others Any finding I give is for the purposes of the second point in this application. 5. It will be one of the subjects for consideration at the trial of the petitioner. My observations in this application should not be treated to the benefit or detriment to any party either the prosecution or the petitioner and others Any finding I give is for the purposes of the second point in this application. 5. Taking up the second point, four sets of ages have been mentioned in the record. The first information report lodged by the father of the girl states her age to be 16 years on the date the first information report was lodged, i.e. 8-2-1989. The girl was examined under Sec.164 of the Code of Criminal Procedure. In that she has given her age as 19 years but has also staled that in the Admit Card of the Matriculation examination, her date of birth is 10-1-1922. which makes it slightly over 17 years. The Court assessed her age to be 17-1/2 years. I feel that if the age of a person is nebulous and is hovering between several sets of dates, in a case of this kind, for the limited purpose of her release and exercise of her own volition, it can be held that she has achieved the age of reasonings and is capable of taking her own decision. Taking the description in the Admit Card on its face value, the difference between majority and minority is only a couple of months. The girl is present in Court and I have examined her. I find that she is completely capable of deciding things as an adult. She has achieved the age of reasonings and is competent to take a decision in consonance with her welfare. She is pregnant not disputed. The two alternatives before us are whether she should continue in the Care Home as ordered by the Chief Judicial Magistrate as well as in her present state due to the indecisive evidence of age due to the technicality of law or she be set free to choose her own discretion and her future way of like to avoid living in the atmosphere so well known to be prevalent in the Care Homes. The latter is a circumstance of great importance by itself. It is now well known how things take shape in that institution. The latter is a circumstance of great importance by itself. It is now well known how things take shape in that institution. It is not unlikely for a person Who may be of easy virtue to be pushed into a way of life to which a large number of inmates of that institution are accustomed to which is utterly undesirable because at any rate, Archana, alias, Afsana Khatoon belongs to a respectable family and her only crime was that she fell in love with the petitioner and married him, of course, within the bounds of law and social norms The age by itself cannot easily be deprecated. On my enquiry directly from her in presence of the learned Counsel for the petitioner sate and the Matron herself of the institution, she clearly stated that she wanted to be released and was desirous of going to her husband. As things stand, I am only concerned with her release. It will be open for her to decide whether she goes to her parents or to her husband. It may be stated that the father of the girl has not tried to rescue her from the Care Home and only her brother and sister-in-law called on her once according to her but they have apparently abandoned her. 6. I, therefore, allow this application and direct that Archana alias Afsana Khatoon be allowed to leave the Care Home forthwith and, therefore, I direct that she be released now from this Court without being taken back to the Care Home. It is needless to say that she is free to go wherever She wishes. She is the mistress of her own discretion. The Matron of the Care Home who is present here, will ensure the observance of this order. The girl, namely, Archana alias Afsana Khatoon must, however, execute a P.R. bond before the Chief Judicial Magistrate in the case in which the petitioner is an accused to appear as a witness and, if necessary, by coercive measures. The girl states that her personal effects are in the Care Home. If she wishes, she can go and collect the same or she may send her agent to do so. The Matron will ensure the delivery of the same after obtaining receipt. 7. I express my thanks to the Matron of the Care Home for bringing the girl in the Court. If she wishes, she can go and collect the same or she may send her agent to do so. The Matron will ensure the delivery of the same after obtaining receipt. 7. I express my thanks to the Matron of the Care Home for bringing the girl in the Court. I am, however, constrained to observe that the Officer Incharge of the Sultanganj Police Station has been most irresponsible for not bringing the girl in Court himself. He deserves to be proceeded against for Contempt of Court but I let him off which the observation that this should be treated as a conduct of cross-misconduct on his part by the authorities.