LAWS(PAT)-2017-7-124

SANDHYA KUMARI Vs. STATE OF BIHAR

Decided On July 18, 2017
SANDHYA KUMARI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner, by means of this application under section 482 of the Code of Criminal Procedure, 1973 has invoked the inherent jurisdiction of this Court with prayer to quash the order dated 18.04.2017, passed by the Chief Judicial Magistrate, Siwan, in Hussainganj P.S. Case No. 49 of 2017, G.R.No. 930 of 2017, whereby the application filed by the petitioner for release from Nari Niketan, Gaighat, Patna and further for release of the petitioner.

(3.) The contention of the learned counsel for the petitioner is that petitioner married the husband with her consent and they have lived as husband and wife and she is consequently pregnant. Petitioner is fully capable both, physically and mentally to choose her future course of action and as such deserves to be given her right to exercise her free will.