RANJANA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution of India by one Ranjana Kumari with a prayer for the issuance of a writ of habeas corpus directing the respondents to release the petitioner from illegal detention from the Remand Home.

(2.) The petitioner claim that her age is about twenty years and she has attained majority. It is further stated that she married one Suresh Thakur of village Raghopur Talkka, Police Station-Bibhutipur in the district of Samastipur at her own sweet will. She was married at Dhanbad where her father and the brother-in-law of Suresh Thakur was posted The marriage took place in a Shiv Temple according to the Hindu rites and there after they began to live like husband and wife. It is further stated that when the parents of the petitioner came to know about the said marriage they became furious and brought her to the village home forcibly and married her for the second time with one Sbailendra Prasad Singh against her will. After fifteen days, the petitioner came back from her new Sasural and after getting some opportunity, she left the house of her parents and came to the house of Suresh Thakur with whom she had married earlier. It is alleged that on 8-12-1987, one Gokhlesh Prasad Sharma, uncle of the petitioner forcibly took her in his custody with the help of the police and her husband Suresh Thakur was arrested by the police. The first information report was lodged against the said Suresh Thakur by Gokhlesh Prasad Sharma. The Petitioner was sent to Remand Home, Patna by an order dated 11-12-1987 by the Court of the Subdivisional Judicial Magistrate, Barh. It appears that the Subdivisional Judicial Magistrate, Barh in Bakhtiapur P. S. Case No. 230 of 1987 under Section 366 of the Indian Penal Code directed that the petitioner should be medically examined and should be kept in the Remand Home, Patna.

(3.) The petitioner has filed this application for habeas corpus on 8-1-1988. On 12-1-1988, the matter came before us. We called for the medical report of the petitioner from the Court of Sub-divisional Judicial Magistrate, Barh. When the said medical report did not come until 20th of January, 1988', we directed that a reminder be sent to respondent Nos. 2 and 3 for sending the medical report of the petitioner. Learned counsel for the State was also asked to take steps to inform the parents of the petitioner to be present in Court. On 28-1-88 when the matter again came before us, we found that the medical report had not been sent and the girl also had not been produced as directed by us. We then directed the Superintendent of Remand Home, Patna to produce the girl in Court on 2nd of February, 1988. On 2nd of February, 1988, the petitioner was produced in Court and identified by Smt. Indu Advocate appearing for her. The authorities concerned did not send the medical report even upto that date. We, thereafter admitted this application for final hearing.