Mukesh Modi v. The State Of Bihar Through The Principal Secretary, Home,Old Secretratiat, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.789 of 2019 ====================================================== Mukesh Modi, aged about 34 years (Male), Son of Shree Narayan Modi Resident of Village and Post- Purnea Line Bazar, P.S.- Purnea, DistrictPurnea. ... ... Petitioner/s

Versus

1.

The State of Bihar through The Principal Secretary, Home, Old Secretratiat, Patna 2.

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

The Superintendent of Police, Purnea. .

4.

The S.H.O., Police Station 5.

Smt. Puja W/o Mukesh Modi.

6.

Dinesh Chaurasia @ Mehta S/o Late Umesh Chaurasiya. 7.

Smt. Meera Chaurasia Second wife of Dinesh Chaurasia @ Mehta. All resident of Village- Banada Chak, Virpur Modhmudri Hatia, Police Station- Jogbani, District- Araria 8.

Bikram Chaurasia Son of Not known Resident of Village- Kasahar Areji, P.S.- Balua Bazar, District- Supaul.

9.

Diwakar Chaurasia S/o Anand Modi 10.

Dilip Chaurasia Son of Jagdish Modi Resident of Village- Mirchawari, Bihta Tola, P.S.- Janki Nagar, District- Purnea.

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

For the Petitioner/s :

Mr.Mukul Prasad, Advocate For the Respondent/s :

Mr. Prabhu Narayan Sharma, A.C. to A.G.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 14-11-2019 This is a Habeas Corpus Petition.

From the petition we do not find Respondent No. 5 namely Smt. Puja, allegedly married to the present petitioner namely Mukesh Modi, to have been illegally detained by her

Patna High Court CR. WJC No.789 of 2019(5) dt.14-11-2019 2/2 parents Respondent Nos. 6 and 7 namely Dinesh Chaurasia @ Mehta and Smt. Meera Chaurasia. As such, we are of the considered view that no notice is required to be issued, for the detention cannot be said to be illegal.

As such, the present petition is dismissed reserving liberty to the petitioner to take recourse to such remedies as are otherwise available in law.

(Sanjay Karol, CJ) (Dinesh Kumar Singh, J) P.K.P./- U