Ganesh Kumar v. The State Of Bihar Through The Principal Secretary Deptt. Of Home, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.479 of 2019 Arising Out of PS. Case No.-498 Year-2018 Thana- MITHANPURA District- Muzaffarpur ====================================================== Ganesh Kumar, Son of Shiv Chandra Patel, Resident of Village/ MohallaGhirni Pokhar, Jawaharlal Road Barhanpura, Mushari, P.S.- Mushahri, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Deptt. of Home, Govt. of Bihar, Patna.

2.

The Director General of Police, Bihar, Patna. 3.

The Deputy Inspector General of Police, Muzaffarpur. 4.

The Senior Superintendent of Police, Muzaffarpur. 5.

The Deputy Superintendent of Police, Sadar, Muzaffarpur. 6.

The Station House Officer, Mithanpura Police Station, Muzaffarpur. 7.

The Investigating Officer, Mithanpura Police Station, Muzaffarpur 8.

Madhu Devi, Wife of Sri Kamal Kumar Resident of Mohalla- Malidhar, Chunabhathi Road, Gali No. 3, P.S.- Mithanpura, District- Muzaffarpur. 9.

Kamal Kumar, Son of Shri Dholu Ram, Resident of Mohalla- Malidhar, Chunabhathi Road, Gali No. 3, P.S.- Mithanpura, District- Muzaffarpur. 10.

Ritu Kumari, Wife of Shri Ganesh Kumar and Daughter of Shri Kamal Kumar, Presently residing at Malidhar, Chunabhathi Road, Gali No. 3, P.S.- Mithanpura, District- Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Manoj Kumar Singh, Advocate For the S t a t e :

Mr. Lalit Kishore , A.G.

For Respondent Nos.8 & 9: Mr. Abhay Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 29-04-2019 Heard learned counsel for the petitioner, the learned counsel for the State and Shri Abhay Kumar, learned counsel for the respondent Nos.8 and 9.

Patna High Court CR. WJC No.479 of 2019(4) dt.29-04-2019 2/2 In compliance of our order dated 15th of April, 2019, the 10th respondent-Ritu Kumari is present in Court. She has been identified by the learned counsel for both the parties. On a query raised by the Court as to where does she choose to go, a categorical statement has been made by her that she wishes to live with her parents-the respondent Nos.8 and 9. In view of the categorical statement made by the 10th respondent before us, this habeas corpus petition has to fail and is accordingly consigned to records.

The demand draft of Rs.10,000/- (Ten thousand) which had been deposited by the petitioner, drawn in favour of the respondent no.10, has been handed over to her in Court itself to be encashed by her.

(Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) PNM U T