Perween Gulnaaz v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.385 of 2023 Arising Out of PS. Case No.-784 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== PERWEEN GULNAAZ WIFE OF IMTEYAZ ANWER @ ARMAN MALLICK R/O MOHALLA- ALBA COLONY, P.S.- PHULWARI SHARIF, PATNA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA BIHAR 2.

THE PRINCIPAL SECRETARY, HOME DEPARTMENT, GOVERNMENT OF BIHAR, PATNA BIHAR 3.

THE INSPECTOR GENERAL OF PRISONS, GOVT. OF BIHAR, PATNA BIHAR 4.

THE DISTRICT MAGISTRATE, PATNA BIHAR 5.

THE SUPERINTENDENT, BEUR CENTRAL JAIL, PATNA BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ashhar Mustafa Mr.Abu Nasar For the Respondent/s :

Mr.Prabhat Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-02-2023 This case has been notified on the order of Hon'ble the Acting Chief Justice.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed this application for release of her husband to attend namaz-e-janazah of the mother-in-law of the petitioner i.e., the mother of the husband of the petitioner. The husband of the petitioner Md. Imteyaz Anwar/Anwer @ Arman Mallick who is an under-trail prisoner lodged in Beur Central Jail, Patna in connection with Special Case No. 7/2022

Patna High Court CR. WJC No.385 of 2023(2) dt.24-02-2023 2/3 arising out of RC-31/2022/NIA/DLI and also in connection with Phulwari Sharif P.S. Case No. 784 of 2022.

Without going into the merits of the cases pending in this Court, this application is disposed of with a direction to the authorities to take the petitioner to attend the namaz-e-janaza in police custody to be performed today itself in the evening. Md. Imteyaz Anwar/Anwer@ Arman Mallick will also be allowed to attend the burial of his mother.

It is made clear that Md. Imteyaz Anwar/Anwer @ Arman Mallick will remain in police custody after the burial and he will be allowed to stay in the house with his family members under police custody and he will be taken to Beur Central Jail tomorrow i.e. 25.02.2023 at 11:00 A.M.

Learned counsel for the State will not wait for the FAX to be communicated to the authorities, but he will communicate to the authorities about the today's orders on phone and WhatsApp.

The Superintendent, Beur Central Jail, Patna, is directed to act upon the orders of this Court. The order be communicated to the Superintendent, Beur Jail, Patna through e-mail, Fax and Phone. Let this order be communicated to the District

Patna High Court CR. WJC No.385 of 2023(2) dt.24-02-2023 3/3 Magistrate, Patna as well as the Senior Superintendent of Police, Patna also through FAX and e-mail.

With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) Saif/- U T