Jharkhand High Court
Soniya Devi Wife Of Late Anup Kumar Nayak ... vs The State Of Jharkhand on 16 October, 2024
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Navneet Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) (DB) (H.B) No.173 of 2024
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Soniya Devi wife of Late Anup Kumar Nayak aged about 20 years
resident of village-H.n.19 Nayak Toli, Oberia, P.O.-Hatiya, P.S.-
Jagarnathpur, Distt. Ranchi, At present resident of vill-Chhota Gamharia,
Santi Nagar, P.O.-Adityapur, P.S. Adityapur, Distt. -Seraikella-
Kharsawan, Jharkhand .. ... Petitioner
Versus
1. The State of Jharkhand
2. The Superintendent of Police Seraikella, AT + P.O. +P.S.+ Distt.-
Seraikella
3. Bishwanath Nayak aged about 55 years son of not known,
resident of vill-H.N. 19, Nayak Toli, Oberia, P.O.-Hatiya, P.S.-
Jagarnathpur, Distt. Ranchi
4. Rupa Devi wife of Bishwanath Nayak aged about 50 years,
resident of vill-H.N. 19, Nayak Toli, Oberia, P.O.-Hatiya, P.S.-
Jagarnathpur, Distt. Ranchi ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Petitioner : Mr. Rajesh Kumar Mishra, Advocate
For the State : Mr. Dipankar, APP
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th
Order No. 07/ Dated: 16 October, 2024
This matter has been listed under the heading 'Orders (with
defect)'.
2. Learned counsel appearing for the petitioner has prayed to ignore
the defect.
3. We have considered the nature of defect.
4. Considering the relevant copy and the nature of the case, the
defect is hereby ignored.
5. The present writ petition has been filed under article 226 of the
Constitution of India for issuance of writ of Habeas Corpus.
6. The writ petition has been filed by mother in the backdrop of the
fact that after sudden demise of her husband who had met a road
accident and succumbed to injury, she was kicked out from the
matrimonial house by branding her witch (Dayan) at the time when she
was having two months female child in her lap.
7. It has been contended that the female child has been subjected to
cruelty by depriving her from the nourishment of the mother and even
the mother has been deprived to take care of the female child who at the
time was only two months old.
8. It has been contended that in such a tender age i.e. of two months
the female child has been deprived from the mother milk.
9. The learned counsel appearing for the petitioner has relied upon
the judgment passed by Hon'ble Apex Court in the case of "Tejaswini
Gaud & Ors. Vs. Shekhar Jagdish Prasad Tewari & Ors., (2019) 7 SCC
42".
10. Let notice be issued upon respondent nos. 3 and 4.
11. This Court is of the view taking into consideration the age of the
female child who has been deprived to live along with her mother from
the petitioner, the learned State counsel is to ensure physical appearance
of respondent nos. 3 and 4 i.e. grand-father and grand-mother,
respectively, along with child on the date fixed.
12. The concerned respondents are also at liberty to file affidavit.
13. Let this matter be listed on 26th November, 2024.
(Sujit Narayan Prasad, J.)
(Navneet Kumar, J.)
Basant/S.Das
2 W.P. (Cr.) (DB) (H.B) No.173 of 2024
