HARIHAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This order governs Criminal Reference No. 12 of 1962 and Criminal Revision No. 99 of 1962 arising out of the same case, Kumari is the daughter of Smt. Gujrati, and Harihar claims to be the husband of Kumari. Smt. Gujrati moved an application for issue of a search warrant under Section 100, Cri. P. C. with the allegation that Harihar had wrongfully confined her daughter, Kumari. Smt. Gujrati denies the marriage and her case further is that Kumari is minor aged not more than 13 years. Smt. Gujrati made two conflicting statemerits but for purposes of these proceedings it shall be sufficient to note that according to her age of Kumari is about 13 years. Kumari was in due course arrested and produced before the Magistrate. She then indicated her desire to live with her mother, Smt. Gujrati.

(2.) After recording the evidence of the parties the Magistrate arrived at the opinion that Kumari had been married to Harihar and that she was not wrongfully confined. He therefore directed that Kumari shall be permitted to go to the house of Harihar provided that he furnished a personal bond of Rs. 10,000/- with two sureties each in the like amount for production of Kumari whenever required by any Court. It was further ordered that in case such security was not furnished within seven days Kumari shall be handed over to her mother, Smt. Gujrati,

(3.) Smt. Gujrati preferred a revision against this order with the request that the daughter be handed over to her. Harihar, on the other hand, moved a revision with the prayer that the condition imposed be vacated and his wife Kumari, be handed to him without any condition. The learned Sessions Judge, who heard both the revisions, dismissed the revision of Smt. Gujrati and has made a reference with the recommendation that the condition imposed with regard to the furnishing of security be set aside and Kumari permitted to go the house of Harihar.