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High CourtsDivision Bench(2009) 01 PAT CK 0005

Madhu Kumari @ Kumari Awantika vs State of Bihar and Others

Patna High Court · Decided on 23 January 2009 · Citation: (2009) 3 PLJR 602

HON’BLE JUDGES
Chandramauli Kr. Pd., Acting C.J. · S.K. Sharma, J
RESULT
Allowed
CASE NUMBER
Criminal WJC No. 10 of 2009
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Judgment

5 paragraphs · 345 words
1.

In this writ application prayer of the petitioner is for issuance of writ in the nature of habeas corpus commanding respondent No. 7 the Superintendent, After Care Home, Gaighat, Patna, to set her free. The petitioner is not an accused in a case and it is alleged that she is victim of crime. According to the petitioner, she had married Rakesh Kumar under the provision of the Special Marriage Act and in support thereof she has placed on record the Certificate of Marriage (Annexure -3) granted by the Marriage Officer.

2.

Petitioner''s mother, namely, Uma Devi earlier filed Cr.WJC. No. 695 of 2008 (Uma Devi vs. The State of Bihar & Ors.) before this court making complaint that she has filed a case of kidnapping of the petitioner but no action is being taken by the police authorities. This court in the earlier writ application directed the petitioner to be produced before this court. While disposing of the aforesaid writ application, a Division Bench of this court observed as follows:

"However, we are of the view that the girl-Madhu Kumari (Kumari Awantika) shall be at liberty to apply for her release from After Care Home after 4-5 months. We direct that the girl Madhu Kumari (Kumari Awantika) be taken back to After Care Home, Gaighat, Patna."

3.

In view of the liberty, the petitioner has preferred the present application. By order dated 22.1.2009, we had directed the Superintendent of the After Care Home to cause her production today. She has been produced before us. She says that she is willing to go alongwith her husband. Her husband Rakesh Kumar is also present and, in fact, the affidavit in support of this application has been filed by him. He states that he shall keep the petitioner with dignity.

4.

Petitioner having married said Rakesh Kumar and she being willing to go with her husband, we are inclined to grant her desire. Let petitioner Madhu Kumari alias Kumari Awantika be set at liberty forthwith. She may go alongwith her husband. Application stands allowed with aforesaid direction.