LALMANI DEVI Vs. STATE

JUDGEMENT

(1.) The petitioner, Lalmani Devi, has filed Criminal Revision No. 98 of 1956 under Sections 435 and 439 of the Code of Criminal Procedure against orders of the Sub-divisional Magistrate of Gaya, directing the issue of a search warrant against the petitioner, refusing to recall that search warrant and remanding her to jail custody. Her prayer is that the orders of the learned Magistrate dated the 26th December, 1955, the 23rd January 1956 and the 31st January 1956 be set aside. She has filed Criminal Miscellaneous No. 42 of 1956 under Section 491 of the Code of Criminal Procedure and Article 226 of the Constitution of India. Her prayer in this case is that she may be ordered to be set at liberty forthwith. Her father, Ramdeni Prasad, has to-day filed an application under Section 491 of the Code of Criminal Procedure and Article 226 of the Constitution. His prayer is that Lalmani Devi's application for her release from jail custody should be dismissed, or she should be placed in his custody on her release. All these matters are connected and we are disposing of them all by this judgment.

(2.) It is necessary to mention some facts in order to appreciate the points which arise for consideration. Ramdeni Prasad is a resident of Daltonganj and Lalmani Devi is his younger daughter. She was living with her elder sister, the wife of Badri Nath Sinha, at Gaya, The date from which she was living there is disputed between the parties. In any case, Lalmani's allegation is that she married Nawal Kishore Prasad Sinha secretly at Deoghar in December 1954 and that she left her sister's house in December 1955 and went to different places with her husband. On the other hand, Badri Nath Sinha filed a written report at the Civil Lines Police Station at Gaya on the 21st December 1955. In that report he alleged that Lalmani Devi disappeared from his house on the 15th December 1955 and that Nawai Kishore Prasad Sinha had enticed her away. He gave the girl's age as being thirteen or fourteen years. He further stated in his report that Nawal Kishore's elder brother Ram Ratan Sinha, who was employed as a Sub-Inspector of police met Mm on the 17th December 1955 and told him that he would get the girl returned to Badri Nath Sinha on the 19th December but this was not done. He prayed for action being taken against Nawal Kishore as the latter had kidnapped Lalmani Devi.

(3.) The Sub-divisional Magistrate of Gaya issued distress warrant against Nawal Kishore and a search warrant for the production of Lalmani Devi. On the 21st January, 1956 Nawal Kishore Prasad Sinha, the accused in the kidnapping case, was produced in custody before the Subordinate Magistrate. Lalmani Devi was neither found nor produced. A prayer for bail was made on behalf of Nawal Kishore, but the Sub-divisional Magistrate went on postponing the disposal of the application on the ground that he would consider it after the girl was produced. An application for bail, was made before the Sessions Judge who passed an order on the 30th January, 1956 that it would be better if Lalmani Devi herself would come to his court and move the bail petition on behalf of Nawal Kishore on the 31st January, 1556. Lalmani Devi appeared before the Sessions Judge and produced a certificate granted to her by Dr. H. P. Sinha on the report of Dr. T. P. Sinha Professor of Anatomy at the Patna Medical College, to the effect that she was aged about twenty years or above. She also produced before the Sessions Judge an affidavit sworn by her before the Oath Commissioner of this Court. On a consideration of all the matters then available the learned Sessions Judge directed the release of Nawal Kishore on bail of Rs. 4,000/ with two sureties of Rs. 2,000/- each. In pursuance of this order, Nawal Kishore has been released from custody. Lalmani Devi was, however, arrested when she came out of the Sessions Judge's Court on the same date, i. e. the 31st January, 1956, She was produced before the Sub-divisional Magistrate on the same date. A prayer was made before him that she would be released from custody but he remanded her to the Central Jail on three grounds. The first ground was that she had to be detained because she should be medically examined by a lady doctor in order to find out her age. The second ground was that her statement had to be recorded after she had been in jail custody outside the influence of Nawal Kishore, the accused in the kidnapping case. The third was that there was an apprehension of a breach of the peace if she was released. The learned Sub-divisional Magistrate fixed the 7th February, 1956 for further hearing of the matter. Nothing substantial appears to have occurred on that date but her statement was recorded under Section 164 of the Code of Criminal Procedure on the 11th February, 1956. In the meantime the application under Section 491 and Article 226 was placed before us on the 9th February, 1956. We then directed that the Sub-divisional Officer should get Lalmani Devi examined by a competent lady doctor and submit her report to this court. Accordingly a lady doctor examined Lalmani Devi on the 15th February, 1956 and her report has been forwarded to us.