D.N. UPADHYAY, J.-This Writ Petition (Criminal) has been filed for quashing of the order dated 1.8.2011 passed by the learned Chief Judicial Magistrate. Bokaro in Misc. Case No. 7/2011 whereby the learned Chief Judicial Magistrate. Bokaro has been pleased to issue search warrant under Section 97 of Cr. P.C in respect of the children namely Rishabh Singh (son). Tanya and Mahi (both daughters) who were born on 15.12.2005. 25.7.2007 and 3.11.2009 respectively as a result of the marriage solemnized between the respondent No. 2 Smt. Nidhi Singh and Shekhar Singh (son of the petitioner) and further directed to hand over the minor children to the respondent No.2 Smt. Nidhi Singh who is the mother of those children.

2. The brief facts of the case and reason behind passing of the impugned order are as under :-

Smt. Nidhi Singh (respondent No.2) was married with Shekhar Singh (son of the petitioner Prakesh Singh @Shree Babu) on 21.1.2005 and after the marriage. Nidhi Singh started living with her husband and in-laws at Patna at their residence mentioned in this petition. Out of said wedlock. Nidhi Singh delivered three children namely Rishabh Singh (son), Tanya and Mahi (both dau