( 1 ) THIS is a petition under Section 491, Criminal Procedure Code, for release of an infant (not yet named) aged about three months from the custody of Kallu and smt. Tarabai (respondents 2 and 3 respectively ).

( 2 ) IT is, alleged in the petition that the petitioner is the father of the child. The child was born on August 18, 1970. Almost immediately after the delivery, the child's mother (the petitioner's wife) died. As the petitioner had to perform the last rites of his wife, he handed over the custody of the child to Kallu and his wife, tarabai, (hereinafter called the respondents) at the Lady Elgin Hospital for temporary care. These respondents are friends of the petitioner. There was an understanding between the petitioner and the respondents that the child would be restored to the petitioner as soon as the last rites were completed. It is then alleged in para 5 of the petition as follows:--"that after finishing the last rites, the petitioner demanded back the custody of respondent No. 1. Respondent Nos. 2 and 3 refused to hand over the custody of respondent No. 1 to the petitioner. " it is further alleged that the petitioner lodged a report in Ranjhi Police