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1976 Supreme(Pat) 164

MADAN MOHAN PRASAD
Harakh Singh – Appellant
Versus
Lalmuni Kuer – Respondent


Judgment

1. This is an application by which the Sub-divisional Judicial Magistrate, Arrah has directed the petitioner to produce the two daughters of the complainant for being delivered to the latter in the following circumstances.

2. It appears that a complaint was filed by the opposite party to the effect that she was residing at her fathers place and that she had gone to Arrah and during her absence her two daughters, one aged about 13 years and the other about 7 years, had been kidnapped by the petitioner, who happens to be the fathers father of the aforesaid two girls. The complaint aforesaid was lodged against the petitioner and his two sons, in other words the two uncles of the girls aforesaid. During the pendency of the proceeding the complainant made a request for issue of a search warrant. The petitioner, however, produced the two girls in court of the Sub-divisional Judicial Magistrate, who took down the statement of the elder girl and the latter refused to go and live with her mother and expressed her willingness to live with the petitioner. As a result, by his order dated 30th of March, 1976 the Magistrate directed the girl to remain in the custody of the petitioner on



















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