LAL BAHADUR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS habeas corpus petition, to say the least, is hopeless and has to be rejected in view of the order passed by us on 25th August, 2008 in Cr.W.J.C. No. 758 of 2008, Nil Kamal @ Soni V/s. The State of Bihar & Ors., and the subsequent order passed by the Chief Judicial Magistrate, Madhubani on 1st September, 2008.

(2.) THE present writ petition is at the instance to Lal Bahadur Prasad, father of Nil Kamal @ Soni. According to him her daughter Nil Kamal @ Soni is minor and has been kidnapped/abducted by the persons accused in Madhubani Town P.S. Case No. 211/08 (corresponding to G.R No. 1271/08). He has prayed for release of his daughter Nil Kamal @ Soni from the accused persons and her production before this Court. As noticed above, the girl, Nil Kamal @ Soni, has filed a writ petition before this Court being Cr. W.J.C. No. 758 of 2008. The said writ petition was considered by us thus: - "We perused the averments made in the writ petition and the copy of the first information report lodged by the petitioner 'sfather against (1) Rajesh Kumar Das, (2) Shiv Awtar Das, (3) Ram Dulari Devi, (4) Suresh Das, and (5) Bibha Kumari. 2. The case of the petitioner is that she has, on her own choice and free will, without any coercion or undue influence, married Shiv Awtar Das. The petitioner claims to be about 19 years old; her date of birth being 5th September, 1989. The prayer in the writ petition is for direction to the police authorities to produce/release (1) Jhari Lal Das, (2) Uma Devi, (3) Vivek Kumar, (4) Ram Dulari Devi, (5) Suresh Ram, and (6) Liladhar Yadav, who are either accused in the F.I.R. or relatives of the accused persons. Some of these persons are said to have been detained by the police on 20th August, 2008 and the others on 21st August, 2008. 3. From the available material, it transpires that Shiv Awtar Das, allegedly married the petitioner. As noticed above, he is an accused in the criminal case being Madhubani (Town) P.S. Case No. 211/08. He made an application for anticipatory bail before this Court being Cr. Misc. No. 32958 of 2008. This Court allowed the bail application subject to the condition that the accused Shiv Awtar Das appears before the Court of Chief Judicial Magistrate, Madhubani within four weeks from the date of order. On the date of appearance, Nil Kamal @ Soni (present petitioner) was also directed to appear before the Magistrate so that her statement could be recorded under Section 164 Cr.P.C. The order further observes that in case the girl (present petitioner) makes the statement before the Court that she was major on the date of occurrence and had accompanied the boy (Shiv Awtar Das) of her own sweet will, the bail bond with two sureties will be accepted and Shiv Awtar Das be granted bail. 4. We wanted to know from the counsel for the petitioner as to whether the petitioner has appeared before the Chief Judicial Magistrate, Madhubani and got her statement under Section 164 Cr.P.C. recorded. The answer was in the negative. 5. In the circumstances, we are satisfied that the following order shall meet the ends of justice: - (i) The petitioner may appear before the Court of Chief Judicial Magistrate, Madhubani as per order dated 12th August, 2008. (ii) Her appearance must be on the same day, the accused Shiv Awtar Das appears before the Chief Judicial Magistrate as directed in the order dated 12th August, 2008. (iii) On the date of appearance of the present petitioner (Nil Kamal @ Soni), Chief Judicial Magistrate, Madhubani shall record her statement and proceed with the matter accordingly. (iv) As regards the allegation that the persons mentioned in paragraph 1(A) have been illegally detained, this aspect may be brought to the notice of the Chief Judicial Magistrate, Madhubani."

(3.) PURSUANT to our order dated 15th August, 2008 as afore -noticed, the Chief Judicial Magistrate recorded the statement of Nil Kamal @ Soni and found her to be major.