GHANSHYAM NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, an accused in Shri Krishnapuri P.S. Case No. 202 of 1999, registered under Ss. 498-A, 307, 323, 506/34 of the Indian Penal Code and Ss. 3 and 4 of the Dowry Prohibition Act, has filed the present writ application for issuance of a writ of habeas corpus for his release from unlawful detention perpetrated by order of remand dated 9-10-1999, passed by the Chief Judicial Magistrate, Patna (respondent No. 3).

(2.) Respondent No. 6 Smt. Annu Singh alias Anamika Priyadarshini, daughter of Dr. Y. K. Sudarshan (respondent No. 7), was married with the son of the petitioner, namely, Sanjay Kumar on 31-1-1996, which was solemnized at Patna. Initially, there was a good relationship between them, but latter on the relationship between them became strained and a matrimonial case bearing No. 151 of 1999 has been filed by the husband for divorce on the ground of cruelty, which is pending before the Family Court, Patna. Respondent No. 6 lodged a written report before the Officer-in-charge, Shri Krishnapuri Police Station on 1-10-1999 at 8-30 p.m. alleging, inter alia, that after the marriage was performed, initially demands were made by her father-in-law, which her father fulfilled, but later on when the demands increased and she laid protest, she was subjected to assault and harassment by her in-laws as well as her husband. On 28-8-1999, while her husband was posted at Hazaribagh and she was with him, her husband asked her to sign a paper and on refusal, she was assaulted and she informed about the said fact to the DIG, and the Commissioner of the Division. On 29-9-1999 at 8 a.m. her mother-in-law also telephoned her from Patna, and threatened her to sign the paper. Thereafter, her husband also persuaded to do the same and on refusal, again she was assaulted brutally by her husband and at about 10-30 p.m.

(3.) The Officer-in-charge, Shri Krishnapuri Police Station (respondent No. 2) on the basis of the said written report registered a case being Shri Krishnapuri P.S. Case No. 202 of 1999 under the aforesaid sections, a copy of which has been annexed as Annexure-4 to the writ application.