Ashwani Kumar Singh, J. – This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for quashing the order dated 08.01.2019 passed by the learned Additional Sessions Judge-VI, Nalanda at Biharsharif in Criminal Revision No. 518 of 2018 by which he has set aside the order dated 07.12.2018 passed by the learned Judicial Magistrate, 1st Class, Hilsa in connection with Nagarnausa P. S. Case No. 148 of 2018 registered under Section 366A of the Indian Penal Code.

2. Learned counsel appearing for the petitioner submitted that under the Muslim law, a girl having attended puberty can marry without consent of her parents and enter into contract of marriage, which is a civil contract. As per radiological, dental and gynaecological findings of the medical board and also as per her own statement before the learned Magistrate under Section 164 of the Code of Criminal Procedure (for short ‘CrPC’), the age of the petitioner is within 18-19 years. Under the circumstances, the learned Magistrate while passing the order dated 11.12.2018 had rightly released the petitioner from the After Care Home treating her to be major. He has contended that while pass