JUDGMENT :

Yogendra Kumar Srivastava, J.

1. Heard Sri Brijesh Kumar Mishra, learned counsel for the petitioners, Sri Vinod Kant, learned Additional Advocate General alongwith Sri Arvind Kumar, learned Additional Government Advocate appearing for the State – respondents and Sri Lihazur Rahman Khan appearing alongwith Sri Araf Khan, learned counsel for the respondent no.4.

2. The present petition for a writ of habeas corpus has been filed with the following prayers:

"1. Issue a writ, order or direction in the nature of Habeas Corpus directing the respondents to produce the petitioner no.1 and 2 before this Hon'ble court and save the right of personal liberty of the corpus from the illegal detention of respondent no.4.

2. Issue a writ, order in the nature of mandamus directing the respondents to give the custody of petitioner no.1 and 2 to the petitioner as he has the father and natural guardian of petitioner no.3."

3. The petitioner no.3 claims to be the father and natural guardian of the petitioner nos.1 and 2 (aged about six years and two years respectively). It is contended that the wife of the petitioner no.3 expired on 27.05.2020 and thereafter, the petitioner nos.1 and 2 were taken