Ashish Kumar v. The State Of Bihar, Through The District Magistrate, Sheikhpura

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.675 of 2019 Arising Out of PS. Case No.-380 Year-2018 Thana- BARBIGHA District- Sheikhpura ====================================================== Ashish Kumar, Son of Anil Kumar Singh, Resident of Village and P.S.- Sarmera, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State Of Bihar, through the District Magistrate, Sheikhpura. 2.

The Superintendent of Police, Sheikhpura.

3.

The Officer-in-Charge, Barbigha Police Station (Sheikhpur). 4.

Rajesh Kumar @ Bhola Prasad, Son of Ram Deo Prasad, Resident of Village- Parsobigha, P.S.- Barbigha, District- Sheikhpura. 5.

Morish Kumari, Daughter of Rajesh Kumar @ Bhola Prasad, Wife of Ashish Kumar (Petitioner), Resident of Village- Parsobigha, P.S.- Barbigha, District- Sheikhpura.

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

For the Petitioner :

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

Mr. Lalit Kishore, A.G.

For Respondent No.5 : Dr. Anjani Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-05-2019 An affidavit has been filed of the respondent No.5, who is present in Court and has been identified by the counsel for either of the parties.

The affidavit has levelled allegations with regard to the obtaining of marriage certificate and as a matter of fact, the respondent no.5 in her statement before the court has clearly indicated that she wants to live with her parents. In the circumstances, there is no occasion for this Court to entertain

Patna High Court CR. WJC No.675 of 2019(4) dt.06-05-2019 2/2 this habeas corpus petition, apart from the fact that there is no dispute that the respondent no.5 is a major.

Accordingly, the writ petition is consigned.

The Bank draft drawn in favour of the respondent no.5 has been handed over to her in Court which she shall be entitled to encash.

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