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1956 Supreme(Pat) 36
PATNA HIGH COURT
K.Sahai and Raj Kishore Prasad JJ.
Lalmani Devi
Versus
State Of Bihar
Criminal Miscellaneous No. 42 of 1956 ;
Criminal Revision No. 98 of 1956 ;
Decided On : FEBRUARY 22, 1956
A person cannot be deprived of their personal liberty except in accordance with procedure established by law.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 100 AND 552 - DETENTION OF A PERSON WRONGFULLY CONFINED - INTERPRETATION AND APPLICATION - PERSONAL LIBERTY - PROTECTION UNDER ARTICLE 21 OF THE CONSTITUTION - SCOPE AND LIMITATIONS - ABDUCTED PERSONS (RECOVERY & RESTORATION) ACT, 1949 - SECTIONS 3 AND 4 - CONSTITUTIONALITY - APPLICABILITY TO CASES OF WRONGFUL CONFINEMENT AND ABDUCTION - DISTINCTION.
Fact of the Case:
The petitioner, Lalmani Devi, was arrested and remanded to jail custody by the Sub-divisional Magistrate of Gaya on the grounds that she had to be medically examined to determine her age, her statement had to be recorded after she had been in jail custody outside the influence of the accused in a kidnapping case, and there was an apprehension of a breach of the peace if she was released.
Finding of the Court:
The court held that the petitioner's detention was illegal and improper as the Magistrate had no power to detain her in jail custody without any accusation of an offence. The court also held that the petitioner was entitled to personal liberty under Article 21 of the Constitution and that her detention could not be justified on the grounds mentioned by the Magistrate.
Issues: 1. Whether the petitioner's detention in jail custody was illegal or improper. 2. Whether the petitioner should be released from jail custody or made over to some particular person for safe custody.
Ratio Decidendi: 1. The court held that the petitioner's detention was illegal and improper because: a. The Magistrate had no power to detain her in jail custody without any accusation of an offence. b. The petitioner had already been medically examined and her statement had been recorded under Section 164 of the Code of Criminal Procedure. c. The apprehension of a breach of the peace was not a sufficient ground to deprive the petitioner of her personal liberty. 2. The court held that the petitioner should be released from jail custody because: a. She was entitled to personal liberty under Article 21 of the Constitution. b. She had expressed her desire to go with Nawal Kishore, whom she had married, and there was no reason to prevent her from doing so.
Final Decision: The court allowed the petitioner's application under Section 491 of the Code of Criminal Procedure and Article 226 of the Constitution and directed that she be released from jail custody forthwith. The court also dismissed the application filed by the petitioner's father seeking her custody.
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 consideration. Ramdeni Prasad is a resident of Daltonganj and Lalmani Devi is his younger daughter. She was living with her elder sister, the wife of Badri Nath Sinha, at Gaya, The date from which she was living there is disputed between the parties. In any case, Lalmanis allegation is that she married Nawal Kishore Prasad Sinha secretly at Deoghar in December 1954 and that she left her sisters house in December 1955 and went to different places with her husband. On the other hand, Badri Nath Sinha filed a written report at the Civil Lines Police Station at Gaya on the 21st December 1955. In that report he alleged that Lalmani Devi disappeared from his house on the 15th December 1955 and that Nawai Kishore Prasad Sinha had enticed her away. He gave the girls age as being thirteen or fourteen years. He further stated in his report that Nawal Kishores elder brother Ram Ratan Sinha, who was employed as a Sub-Inspector of police met Mm on the 17th December 1955 and told him that he would get the girl returned to Badri Nath Sinha on the 19th December but this was not done. He prayed for action being taken against Nawal Kishore as the latter had kidnapped Lalmani Devi.
3. The Sub-divisional Magistrate of Gaya issued distress warrant against Nawal Kishore and a search warrant for the production of Lalmani Devi. On the 21st January, 1956 Nawal Kishore Prasad Sinha, the accused in the kidnapping case, was produced in custody before the Subordinate Magistrate. Lalmani Devi was neither found nor produced. A prayer for bail was made on behalf of Nawal Kishore, but the Sub-divisional Magistrate went on postponing the disposal of the application on the ground that he would consider it after the girl was produced.
An application for bail, was made before the Sessions Judge who passed an order on the 30th January, 1956 that it would be better if Lalmani Devi herself would come to his court and move the bail petition on behalf of Nawal Kishore on the 31st January, 1556. Lalmani Devi appeared before the Sessions Judge and produced a certificate granted to her by Dr. H. P. Sinha on the report of Dr. T. P. Sinha Professor of Anatomy at the Patna Medical College, to the effect that she was aged about twenty years or above. She also produced before the Sessions Judge an affidavit sworn by her before the Oath Commissioner of this Court.
On a consideration of all the matters then available the learned Sessions Judge directed the release of Nawal Kishore on bail of Rs. 4,000/ with two sureties of Rs. 2,000.00 each. In pursuance of this order, Nawal Kishore has been released from custody. Lalmani Devi was, however, arrested when she came out of the Sessions Judges Court on the same date, i. e. the 31st January, 1956, She was produced before the Sub-divisional Magistrate on the same
