Ramesh Chand Malviya, J. – Heard learned counsel for the petitioner and learned counsel for the State.

2. The present criminal writ application has been filed on behalf of the petitioner by way of Habeas Corpus seeking a direction from the respondents for release of the respondent no. 11 namely, Shivani Kumari from the respondent no. 8, namely The State Girls Care Home, Gaighat, Patna, on the ground that the respondent no. 11 was examined by the doctor and her age was assessed to be under 18 years. Her statement under Section 164 Cr.P.C. was also recorded where she has admitted that she moved out of her own will to the petitioner and in course of time, she has given birth to a child out of the relationship. Respondent No. 11 has also stated that she is major and the marriage is out of will. Hence, the present Habeas Corpus application has been preferred for her release in favour of the petitioner. There is a criminal case also instituted by the father of the respondent no. 11 against the petitioner i.e., Salimpur P.S Case No. 07 of 2022, wherein the petitioner has been granted bail.

3. Learned counsel for the petitioner has submitted that it was a case of love marriage between Nitish