- (1.) Heard Dr. B. Ahmed, learned Counsel appearing on behalf of the petitioner/Abul Hussain Barbhuiya and Mrs. A. Devi, learned Counsel representing the respondent Nos. 9 and 10 as well as Mrs. T. Khro, learned State counsel, State of Nagaland appearing on behalf of respondents Nos. 6, 7 and 8. Also heard Mr. P.S. Deka, learned State counsel, Assam representing the respondents Nos. 1, 2, 3, 4 and 5.
(2.) Upon meticulous scrutiny of the entire pleadings in the instant Habeas Corpus petition accompanied by all the related documents including the statement of Laxmi Pradan @ Priya Begum (hereinafter referred to as 'the girl') made under Section 164, Cr PC appended to this petition and also having heard the learned Counsel for the parties, it reveals that the petitioner, having fallen in love with the girl, tied in wedlock with the girl and to this effect both of them entered into a Marriage Declaration executed on 8.10.2007 wherein the girl declared that she would use Muslim name as Priya Begum (as evident from the said Marriage Declaration in Annexure 1 to this Habeas Corpus petition). It also appears that prior to such declaration (Annexure 1), they were married earlier and the same is evident from the Marriage Certificate dated 15.12.2006 as well as the Social Marriage executed on 8.4.2007 (Annexures 2 and 3 to this Habeas Corpus petition respectively). After such marriage, the petitioner and the girl used to live together as husband and wife in the petitioner's hometown at Hailakandi wherein they stayed for more than one month.
(3.) Meanwhile, one Santosh Pradhan, the respondent No. 10, the brother of the girl, who hailed from Dimapur, lodged an 'ejahar' with the Hailakandi Police being registered as Hailakandi P.S. Case No. 257/2008 on 25.5.2008 alleging that his younger sister aged about 17 years was forcefully taken from Dimapur by the petitioner and having been informed by reliable source, he came to know that both the petitioner and his sister was living at Hailakandi and accordingly he requested the police to recover his sister from the custody of the petitioner and to take necessary action against the petitioner.;