JUDGMENT

SARKARIA, J.:— This appeal by special leave by the State of Haryana directed against a judgment, dated January 23, 1974, of the High Court of Punjab and Haryana, arises out of these circumstances :

2. Dayawati, elder daughter of Harbans deceased was married to Rattan Lal, elder brother of Tej Ram, respondent herein. Dayawati was a one-eyed woman and was otherwise not mentally sound. Dayawatis younger sister, Mahindri, aged about 19 years, had separated from her husband, Bhule Gujar, resident of Kamala, District Meerut, and was living with her father, Harbans deceased in village Ankhir.

3. According to the prosecution story, the deceased allowed Rattan Lal accused to take Mahindri as his second wife. Thereupon, Mahindri started living with Rattan Lal accused in village Rithoj which is at a distance of about 20 miles from Ankhir. But the relations of Mahindri with Rattan Lal became strained and the latter started maltreating her about four or five months before the occurrence.

4. Harbans deceased made an application to the Magistrate and got a warrant issued under Section 100 of the Code of Criminal Procedure, alleging that his daughter Mahindri, had been wrongfully confined by