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2016 Supreme(Pat) 440

HEMANT GUPTA
Rima Kumari – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner:Dr. Alok Kumar Alok and Mr. Santosh Kumar, Advocates.
For the State : Mr. Bhubhneshwsar Pandey, AC to SC-31.

JUDGMENT :

HEMANT GUPTA, J.

1. The petitioner has invoked writ jurisdiction of this Court for her release from illegal confinement in Women Protection Home sent by the learned Judicial Magistrate, 1st Class, Muzaffarpur, vide order dated 04.12.2015 in pursuance to an order dated 09.10.2015 passed by the 14th Additional Sessions Judge, Muzaffarpur, in Cr. Revision No. 108 of 2015.

2. FIR in Deoriya P.S. Case No. 52 of 2015 has been registered under Sections 363/366A of the Indian Penal Code on a complaint by father of the petitioner. The petitioner claims that she is major and be allowed to live with her husband. It is the case of the petitioner that on 16th June, 2015, her father lodged a complaint that the petitioner had gone for purchase of detergent at about 11 A.M. but did not return. He expressed apprehension that the petitioner has been abducted by respondent no. 5 and his brother. The police of Deoriya Police Station started investigation in the case and recovered the petitioner. She stated before the police that she was in love with respondent no. 5 for the last one year and that both of them had married at Delhi and are leading a happy conjugal life. The petitioner made state









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