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1956 Supreme(Pat) 36

K.SAHAI, RAJ KISHORE PRASAD
Lalmani Devi – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The petitioner, Lalmani Devi, has filed Criminal Revision No. 98 of 1956 under Sections 435 and 439 of the Code of Criminal Procedure against orders of the Sub-divisional Magistrate of Gaya, directing the issue of a search warrant against the petitioner, refusing to recall that search warrant and remanding her to jail custody. Her prayer is that the orders of the learned Magistrate dated the 26th December, 1955, the 23rd January 1956 and the 31st January 1956 be set aside.

She has filed Criminal Miscellaneous No. 42 of 1956 under Sec. 491 of the Code of Criminal Procedure and Article 226 of the Constitution of India. Her prayer in this case is that she may be ordered to be set at liberty forthwith. Her father, Ramdeni Prasad, has to-day filed an application under Sec. 491 of the Code of Criminal Procedure and Article 226 of the Constitution. His prayer is that Lalmani Devis application for her release from jail custody should be dismissed, or she should be placed in his custody on her release. All these matters are connected and we are disposing of them all by this judgment.

2. It is necessary to mention some facts in order to appreciate the points which arise for consid




















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