IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.258 of 2022

Arising Out of PS. Case No.-166 Year-2021 Thana- HATHAURI District- Samastipur

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Rash Bihari Choudhary @ Rashbihari Son of Arun Kumar Choudhary

Resident of Village - Ram Bhadrapur, P.s.- Hathauri (Shivaji Nagar O.P.),

Distt.- Samastipur, State - Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. Bihar

2.

The Principal Home Secretory, Govt. of Bihar, Patna. Bihar

3.

The Director General of Police, Govt. of Bihar, Patna. Bihar

4.

The Seperintendent of Police, Samastipur. Bihar

5.

The Deputy Superintendent of Police, Rosera. Bihar

6.

The Officer in charge, Hathauri P.S., Samastipur. Bihar

7.

Md. Nizam Ali Son of Md. Basir Ali Resident of Village - Ram Bhadrapur,

P.s.- Hathauri (Shivaji Nagar O.P.), Distt.- Samastipur, State - Bihar.

8.

Md. Mustafa Ali Son of Md. Basir Ali Resident of Village - Ram Bhadrapur,

P.s.- Hathauri (Shivaji Nagar O.P.), Distt.- Samastipur, State - Bihar.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Gaurav Kumar, Advocate

For the Respondent/s

:

Mr. Lalit Kishore(A.G), App

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH

and

HONOURABLE MR. JUSTICE KHATIM REZA

ORAL ORDER

(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH)

3

24-06-2022

This application has been filed seeking issuance of a

writ in the nature of Habeas Corpus directing the State-

Respondents particularly respondents No. 4 to 6 to produce the

petitioner’s minor girl who, according to the petitioner, is in

custody of private respondents No. 7 and 8. Learned counsel

Patna High Court CR. WJC No.258 of 2022(3) dt.24-06-2022

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appearing on behalf of the petitioner has submitted that the

victim is in the custody of said private respondents No. 7 and 8

who have kidnapped her for the purpose of marriage.

It is admitted position as asserted in the writ petition

itself that alleging that the victim is with private respondents no.

7 and 8. In such circumstance, in the court’s opinion, the prayers

seeking direction to the state-respondents to produce the girl

who is said to be minor by issuance of writ in the nature of

Habeas Corpus is misconceived. This application is accordingly

dismissed. It is to be noted that a criminal case has already been

instituted by the petitioner registered as Hathauri P.S. case No.

166 of 2021.

Gaurav Kumar/-

(Chakradhari Sharan Singh, J)

( Khatim Reza, J)

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