JUDGMENT (ORAL)

Ashwani Kumar Singh, J.—Heard Mr. Bashishtha Narayan Mishra, learned counsel appearing for the petitioner and Mr. Pushkar Narain Shahi, learned Additional Advocate General-VI for the State.

2. This writ petition has been listed before us in view of reference made by a Division Bench which doubted the correctness of the order passed by another Division Bench in Cr.WJC No.991 of 2010 (Sahebi Khatoon @ Sahebi vs. State of Bihar & Ors.).

3. In the writ petition, the petitioner has prayed for issuance of a writ in the nature of habeas corpus for her release from the Government After Care Home, Gaighat Patna.

4. The father of the petitioner Ashok Pandey had submitted a written report on 07.01.2019 at 7.45 p.m. to the officer-in-charge, Govindganj (Malahi) wherein he has alleged that his daughter aged 16 years had gone to Sirni Bazar on 10.12.2018 in the evening for purchasing some medicine and when she did not return for a quite long time, he started inquiring as to her whereabouts and came to know from his covillagers that she was seen going together with one Dhanjeet Yadav of the same village. When he inquired from the parents and family members of Dhanjeet Yadav i