MC 792/2010 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Mr. M H Ahmed, learned counsel appearing for the applicant. Also heard Mr. R K Bora, learned Govt. Advocate appearing for the State respondent. The Centra l Govt. is represented by Mr. A Hussain, learned counsel. 2. This application is filed for release of the applicant who is under dete ntion of the State Authorities in pursuant to the exparte declaration made by th e Foreigners Tribunal (2nd), Barpeta in Case No.365/2006. The applicant was decl ared to be a foreigner on 29.2.2008 as she failed to take any steps in the Tribu nal to establish her citizenship status. 3. Release of the applicant to the custody of her husband is sought on the ground that the applicant is a Psychiatric patient and she should be allowed to reside with her family rather than in Jail/Camp. 4. A Division Bench of this Court passed an order on 31.3.2010 giving direc tion to the Superintendent, District Jail, Barpeta to have the applicant medical ly examined. In pursuant to the order of the Court, examination has been made an d on evaluation of the petitioner by the Psychiatric Department of the Gauhati M edical College it is medically opined that the applicant suffers from unsoundne ss of mind . 5. Having regard to the medical opinion, I am of the considered opinion tha t pending further examination of the writ petition, it would not be appropriate for the applicant to be detained either in the District Jail or in the Detention Camp. 6. Accordingly direction is given to release the applicant on bail of Rs.20 ,000/- with two local sureties to be furnished by her husband Sri Prem Chand Sah a, who is a resident of Ward No.1 of Barpeta Road Town. The learned Chief Judici al Magistrate, Barpeta may impose additional bail condition(s) after considering the submissions of the Superintendent of Police, Barpeta in the matter. It is o rdered accordingly. 7. The Misc. Case stands allowed accordingly.