Sakila Khatoon v. The State Of Bihar Through The Principal Secretary, Home Affairs, Govt. Of Bihar, Patna.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.730 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Kaimur (Bhabua) ====================================================== Sakila Khatoon, D/o Md. Kalim Rain, Wife of Mukish Rain @ Mogish Rain, Resident of Bhabua Ward No. 11, Post office and Police Station - Bhabua, District - Kaimur at Bhabua.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Home Affairs, Govt. of Bihar, Patna.
2.
The Director General of Police, Uttar Pradesh, Lucknow. 3.
The Inspector General of Police, Varanasi 4.
The Senior Superintendent of Police, District - Varanasi. 5.
The Station House officer, Police Station - Jaitpura, District - Varanasi 6.
Mukish Rain @ Mogish Rain, Son of Late Mohammadin Rain @ Mohammadin, Resident of mohalla - Jamaluddinpuri, Badi bazar, Sabji Mandi, Police Station - Jaitpur, District - Varanasi (Uttar Pradesh). ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Garg, Advocate For the State :
Mr. Manish Kumar, GP-4 For Resp. Nos. 2 to 5 :
None For Resp. No. 6 :
Mr. Shreekant Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 22-08-2025 The present writ petition has been preferred seeking enforcement of orders dated 10.03.2016, 07.05.2016, 28.11.2016, 06.09.2018 and 22.11.2018, passed by learned Principal Judge, Kaimur at Bhabua in Misc. Case No. 52 of 2007.
2. After perusal of the case record, it transpires that the aforesaid impugned orders have been passed by learned Family Court in the proceeding for enforcement of Maintenance
Patna High Court CR. WJC No.730 of 2021(9) dt.22-08-2025 2/2 Order, passed by learned Family Court, Kaimur at Bhabua against Respondent No. 6 herein, to whom learned Family Court had directed to pay maintenance to his wife. The impugned orders relate to issuance of non-bailable arrest warrant against Opposite Party before the Family Court, who is Respondent No. 6 herein.
3. It is surprising how the petitioner can invoke writ jurisdiction of this Court to enforce the order of Family Court directing the office to issue non-bailable warrant or even order, whereby show cause has been issued to the police officer for not executing the non-bailable warrant. The present writ petition is highly misconceived and deserves to be dismissed with heavy cost. However, seeing the ignorance of the petitioner, this Court is restraining from imposing any cost.
4. Accordingly, the present petition is dismissed as non-maintainable.
(Jitendra Kumar, J) shoaib/- U T