IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. WJC No.1034 of 2010
SITA DEVI
Versus
STATE OF BIHAR & ORS
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03. 04.10.2010 Petitioner in this case is Sita Devi, who has
filed this application for issuance of writ of habeas
corpus, commanding the respondent authorities to
release her from Remand Home, Gai Ghat, Patna,
where she has been put by Order of Chief Judicial
Magistrate, Saharsa, dated 30.07.2010 in connection
with Sour Bazar P. S. Case No. 153 of 2010. The case
has been instituted by the father of the petitioner,
alleging offence, under section 366A of the Indian Penal
Code.
Petitioner has admitted in the writ application
that her father has solemnized her marriage one year
prior to the occurrence with another person, namely,
Balbir Ray. Since, it was not the marriage of petitioner’s
choice, she never went to live with that person like
husband and wife. The petitioner has solemnized her
marriage with one Amarendra Kumar @ Ram Narayan
Kumar and left her father’s house in the company of
her husband and went to Punjab. For some time they
lived there as husband and wife. Subsequently, on
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account of institution of Sour Bazar P. S. Case No. 153
of 2010, she came back to Saharsa, where her husband
was taken into custody and she has been sent to the
Remand Home by the Chief Judicial Magistrate,
Saharsa, by his Order dated 30.07.2010.
Along with the writ application, the statement
of Sita Devi, recorded under section 164 Cr.P.C. and
the medical report, submitted by the Doctor, as per the
direction of this Court, has been annexed. The age of
the petitioner in her statement, recorded under section
164 Cr.P.C., in the medical evidence as well as the
assessment of the Magistrate, indicates that she is a
major. Medical report also indicates that she is carrying
pregnancy.
All these circumstances are enough for
passing an order of release in favour of the petitioner
by the Chief Judicial Magistrate, Saharsa, but
surprisingly, he has passed an Order, whereby the
petitioner has been sent to Remand Home. The reason
assigned is that for security reasons, the petitioner is
being sent to Remand Home.
We do not think that there can be any better
place for security than the family environment,
especially when the petitioner is carrying pregnancy
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and she is not accused in any case.
Considering all these facts, the order passed
by the Chief Judicial Magistrate, Saharsa, dated
30.07.2010, is quashed. A direction is issued for
releasing the petitioner from Remand Home, Gai Ghat,
Patna, She can go to the place of her choice from the
Court itself. In case any formality has to be completed,
she will complete the same.
The mother-in-law of the petitioner is present
in the Court, she can accompany the petitioner.
(Mridula Mishra, J.)
(Dharnidhar Jha, J.)
SKM