A woman who allegedly suffered repeated “rape” in custody for two years has remained detained even after completing sentences in two criminal cases, prompting the Jharkhand High Court on Wednesday to demand to know under what authority of law she continues to be deprived of her liberty.
The petition was filed by a social worker dealing with the issue of jail inmates, who sought the woman’s production before the court and her immediate release from the Hazaribagh detention/holding centre.
Taking serious note of the allegations, a division bench of Justices Sujit Narayan Prasad and Akhil Kumar ordered an inquiry into the alleged custodial rape and summoned the Jharkhand Home Secretary to appear physically on October 5. The court also sought reports from the Hazaribagh SP and the District Legal Services Authority (DLSA).
The bench posed a blunt question to the State: “Under what authority of law after acquittal in the criminal case, the detainee is being kept in the custody, whether she is inside the jail or in the detention centre.”
According to petitioner’s counsel Ankit Apurva, the woman was arrested in February 2018 in a Jamtara case and sentenced to two years’ imprisonment.
She completed the sentence in February 2020 but, instead of being released, was shifted to the Hazaribagh open/detention centre.
She remained there until early 2025, when she allegedly fled along with another woman detainee. Caught within a couple of days, she was booked in a fresh case and sentenced to six months, which she also completed.
Yet, she was not released. The petitioner’s case is that she continued to languish in custody even after being acquitted in G.R. Case No. 1647 of 2025, arising from Lohsinghna police station case No. 88 of 2025.
The case took an even more serious turn with the woman alleging that police constable Ranjeet Mahto raped her repeatedly for two years. The allegation has been placed before the High Court.
The court directed Jharkhand Legal Services Authority (JHALSA) to have the Hazaribagh DLSA conduct an inquiry and record the detainee’s statement. The Hazaribagh SP assured the court that a thorough inquiry into the alleged misconduct would begin forthwith and that proper security would be provided to the woman.
Invoking Article 21, the court observed that “the inherent liberty conferred to the human being cannot be taken away without any authority of law.”
The matter has been listed as the first case on October 5, with the Home Secretary ordered to appear physically. The DLSA and SP reports have also been called for.
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