IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1034 of 2010 SITA DEVI Versus STATE OF BIHAR & ORS ----------- 03. 04.10.2010 Petitioner in this case is Sita Devi, who has filed this application for issuance of writ of habeas corpus, commanding the respondent authorities to release her from Remand Home, Gai Ghat, Patna, where she has been put by Order of Chief Judicial Magistrate, Saharsa, dated 30.07.2010 in connection with Sour Bazar P. S. Case No. 153 of 2010. The case has been instituted by the father of the petitioner, alleging offence, under section 366A of the Indian Penal Code. Petitioner has admitted in the writ application that her father has solemnized her marriage one year prior to the occurrence with another person, namely, Balbir Ray. Since, it was not the marriage of petitioner’s choice, she never went to live with that person like husband and wife. The petitioner has solemnized her marriage with one Amarendra Kumar @ Ram Narayan Kumar and left her father’s house in the company of her husband and went to Punjab. For some time they lived there as husband and wife. Subsequently, on 2 account of institution of Sour Bazar P. S. Case No. 153 of 2010, she came back to Saharsa, where her husband was taken into custody and she has been sent to the Remand Home by the Chief Judicial Magistrate, Saharsa, by his Order dated 30.07.2010. Along with the writ application, the statement of Sita Devi, recorded under section 164 Cr.P.C. and the medical report, submitted by the Doctor, as per the direction of this Court, has been annexed. The age of the petitioner in her statement, recorded under section 164 Cr.P.C., in the medical evidence as well as the assessment of the Magistrate, indicates that she is a major. Medical report also indicates that she is carrying pregnancy. All these circumstances are enough for passing an order of release in favour of the petitioner by the Chief Judicial Magistrate, Saharsa, but surprisingly, he has passed an Order, whereby the petitioner has been sent to Remand Home. The reason assigned is that for security reasons, the petitioner is being sent to Remand Home. We do not think that there can be any better place for security than the family environment, especially when the petitioner is carrying pregnancy 3 and she is not accused in any case. Considering all these facts, the order passed by the Chief Judicial Magistrate, Saharsa, dated 30.07.2010, is quashed. A direction is issued for releasing the petitioner from Remand Home, Gai Ghat, Patna, She can go to the place of her choice from the Court itself. In case any formality has to be completed, she will complete the same. The mother-in-law of the petitioner is present in the Court, she can accompany the petitioner. SKM (Mridula Mishra, J.) (Dharnidhar Jha, J.)