SEEMA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner has preferred this criminal writ petition seeking writ of habeas corpus for release of her minor son presently aged about one and half years from alleged illegal detention of respondent nos. 3 and 4 who are her mother-in-law and father-in-law. She has also prayed for being handed over the physical custody of the minor son to her forthwith.

(2.) The writ petition is founded on the following facts which are not much in dispute. The petitioner was married on 20th February, 2009 with late Dr. Shashi Shekhar son of respondent nos. 3 and 4. A male child was born out of this marriage on 7th March, 2010 in the Nursing Home of a doctor at Patna. Her husband was admitted in Post Graduate course in Medical College, Dharan, Nepal. She joined Post Graduate course in Medicine at a Medical College at Katihar on 24th July, 2010. She is continuing her studies at Katihar and the duration of the course is of three years.

(3.) In the writ petition details have been given of an unfortunate incident in the night of 3/4.12.2010 when allegedly petitioner was assaulted by her husband when she declined to go with him to Dharan, Nepal for a few days. The husband had come to Katihar and stayed in the Hostel room allotted to the petitioner. The petitioner was admitted for treatment of her injuries in the night. The husband of petitioner visited her in the emergency ward of Katihar Medical College and after sometime when his request to discharge the petitioner was not accepted, he went back in the room of the petitioner in the morning of 4.12.2010 and locked the room from inside. On information by the College administration the local police came to the room. The room was allegedly locked from inside. From the window it was seen that husband of the petitioner was hanging by a rope tied to the hook of ceiling fan and thereby he had committed suicide. According to respondents no. 3 and 4, however, the death was due to some foul play.