Patna High CourtCR. WJC/413/2018dismissed

Md. Shamseer Azad v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna And ORS

2018-04-02Mr. Justice Prakash Chandra Jaiswal,Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.413 of 2018 Arising out of P.S. Case No.- Year- Thana- District- Patna =============================================== Md. Shamseer Azad, Son of Md. Tahir Hussain, Resident of Mohalla- Mohammadpur (Near Madarsa ), Post Office Mahendru Police Station- Sultanganj, District- Patna.

... ... Petitioner/s

Versus

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

2. Shoaib Alam, Son of not known to the petitioner.

3. Rinku, Son of Shoaib Alam,

4. Md. Faiz, Son of Shoaib Alam,

5. Gulafsha Perween, Wife of Md. Shamseer Azad and Daughter of Shoaib Alam, 2 to 5 residents of Mohalla- Kaghzi Mohalla, Post Office- Vaidrabad, Police Station- Arwal, District- Arwal. ... ... Respondent/s =============================================== Appearance :

For the Petitioner/s : Mr. S.M. Ashraf, Advocate. : Mr. Syed Masleh-Uddin Ashraf, Advocate.

For the Respondent Nos. 2 to 5:Mr. Surendra Kumar Mishra, Adv. For the State : Mr. P.N. Sharma, AC to AG =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date : 02-04-2018 Heard parties.

The girl and the petitioner are present.

The girl has categorically questioned the marriage and she has stated that in fact by fraud such document has been created

Patna High Court Cr. WJC No.413 of 2018 dt.02-04-2018 2/2 whereas it is being urged on behalf of the petitioner that the inquiry in this regard be conducted through any agency. However, the issue here is not of marriage but the writ petitioner has filed this writ petition for issuance of writ of habeas corpus for production of the girl.

The girl is present before us and she has stated that she does not want to go with the writ petitioner. In such a situation, we would not be in a position to direct the girl or force her to accompany the writ petitioner. Accordingly, this writ petition is dismissed. It is made clear that we have not formed any opinion with respect to the fact that marriage was performed or not? (Dr. Ravi Ranjan, J) (Prakash Chandra Jaiswal, J) Vikash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.04.2018 Transmission Date NA