CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

11 27-01-2026 Present writ petition has been preferred by the petitioner seeking setting aside the impugned order dated 24.01.2020 passed by learned S.D.J.M., West Champaran at Bettiah in Chanpatia (Sirisia O.P.) Case No. 402 of 2019, whereby custody of minor Soni Kumari was handed over to her father. The petitioner is claiming to be legally wedded husband of said Soni Kumari and seeking her custody.

2. However, during course of pendency of this writ petition, it was informed by the father, who is Respondent No.5/Amit Kumar, that Soni Kumari has died during Covid-19. In the light of such statement of father and the report from the police, this writ petition was dismissed as infructuous vide order dated 16.02.2023. However, Hon’ble Supreme Court on petition has found that there is no conclusive proof of death of Soni Kumari and hence, writ petition should not have been dismissed as infructuous.

3. Hence, the present petition was restored to its original number and petitioner was directed to give fresh affidavit in regard to his claim that Soni Kumari is still alive and SSP/Superintendent of Police, West Champaran at Bettiah as we