S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by petitioner, Ratneshwar Prasad Yadav for issuance of an appropriate writ, order(s), direction(s), or writ in the nature of habeas corpus by directing the authorities to produce Ms. Lata Kumari, stated to be a minor daughter of petitioner of 14 years age.
(2.) ACCORDING to petitioner, respon -dent -Lakhan Yadav, son of Choudary Mahto is an ante -social element having doubtful character. He is residing near the area petitioner is residing. He began to foster intimacy with the petitioner 'sdaughter, Ms. Lata Kumari. It was resisted by him (petitioner) in view of the fact that Ms. Lata Kumari is a minor girl of 14 years and said Lakhan Yadav is an ante -social and, already a married man. Further case of petitioner is that he came to know that Lakhan Yadav was in jail in connection with some criminal case, after he came out of jail, abducted his daughter, Ms. Lata Kumari along with his brother -in -law, Sarveshwar Yadav and taking advantage of the situation said Sarveshwar Yadav also demanded ransom from the petitioner. To know the correct position, this Court noticed respondent No. 6, Lakhan Yadav and respondent No. 7, Sarveshwar Yadav. Counsel for the State was also granted time to obtain instruction and the respondents were also directed to ensure appearance of the girl, Lata Kumari on the date fixed for hearing. On 23rd June, 2004, girl, Lata Kumari was produced. Petitioner, Ratneshwar Prasad Yadav and respondent No. 6, Lakhan Yadav also appeared in person. They were heard, separately (in camera). From the statement made by the petitioner, Ratneshwar Prasad Yadav, it appears that he has already filed a suit in the Court of Principle Judge, Family Court, Dumka for declaration of marriage of respondent No. 6, Lakhan Yadav and his daughter, Ms. Lata Kumari void and illegal. Ms. Lata Kumari claimed to have married respondent No. 6, Lakhan Yadav and is 20 years old. She further stated that her father, Ratneshwar Prasad Yadav (petitioner) taking advantage of being Headmaster of Middle School, Tilakpur, Deoghar has prepared a forged age certificate recently to show her minor. She further stated that she married respondent No. 6, Lakhan Yadav of her own will and is residing with him. She informed the Court that her father is giving continuous threat to her and her husband and may attempt on their life.
(3.) RESPONDENT No. 6, Lakhan Yadav while accepted that he earlier married a lady, stated that the matter has been compromised with the first wife in pursuance of an order of a Court of competent jurisdiction; they have agreed to be separated. Only thereafter he married Lata Kumari, she having agreed.;