This habeas corpus petition challenged the detention of a majority girl in Nari Niketan following an elopement and PC 366A case. The court dismissed the plea, advising the petitioners to seek release through the trial court to ascertain the girl's wishes.
Writ application disposed of; advised to approach trial court for release.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (Habeas Corpus) (Cr) No. 250 of 2014
both residents of Boring Road, Shastri Nagar, Near Sai Baba Mandir, P O & PS Shastri Nagar, District Patna .... Petitioners
Versus
Coram : HON’BLE MR. JUSTICE R. R. PRASAD HON’BLE MR. JUSTICE RAVI NATH VERMA
For the appellant : Mr. Gautam Kumar For the Respondent State : Addl.P.P.
02.02.2015 Having heard learned counsel appearing for the petitioners and the learned counsel appearing for the State, it does appear that one Bikas Kumar Yadav, son of the petitioners eloped a girl for which a case was lodged by the father of the girl against Bikas Kumar Yadav, son of the petitioner for committing offence punishable under section 366A of the Indian Penal Code.
While the matter was under investigation, both the girl and Bikas Kumar Yadav surrendered before the police. The police took Bikas Kumar into custody and forwarded him to the court and then he was remanded to jail custody. At the same time, the girl was also produced before the Magistrate, The Magistrate, perhaps taking into account the welfare of the girl sent her to Nari Niketan, Deoghar, where she is still lodged there, though she had attained majority before she was sent to Naari Niketan. On these facts, this writ petition has been filed wherein prayer has been made to direct the Superintendent, Nari Niketan, Deoghar, to release the girl.
Proper course for the petitioners would have been to approach the court where the trial is going on and to file necessary application or get the application filed by the girl itself for her release instead of coming to this Court for the relief sought for as indicated above, so that the Magistrate before passes the order may obtain the wishes of the girl about the place where she would like to go.
This writ application stands disposed of.
Ambastha/( R. N. Verma, J. )
Raju Yadav and Moni Devi
State of Jharkhand
Superintendent of Police, Dhanbad
Officer-In-charge, Jorapokhar Police Station
Superintendent, Nari Niketan, Deoghar
R. R. Prasad
Ravi Nath Verma
As recorded by the court registry
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