Arvind Kumar v. The State Of Bihar Through The Additional Chief Secretary, Department Of Home, Govt. Of Bihar,Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1203 of 2025 Arising Out of PS. Case No.- Year-0 Thana- District- Patna ====================================================== Arvind Kumar S/O Late Balmiki Prasad Singh R/O Mohalla- Takiyapar, Near- Panitanki, P.S- Danapur, P.O- Digha, Distt.- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Home, Govt. of Bihar,Patna Bihar 2.

The Sr. S.P., Patna. Bihar 3.

The S.P. Sadar, Patna. Bihar 4.

The Dy. S.P. Sadar, Patna/Dy. S.P.-1 Kotwali, Patna. Bihar 5.

The Law and Order Officer Incharge Kotwali P.S., Patna Sadar. Bihar 6.

Anuradha Kumari W/O Md. Arvind Kumar At present resident of Maharaja Complex, Flat No. 601/603 Frazer Road, P.S- Kotwali, Town and Distt.- Patna.

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

For the Petitioner/s :

Mr. Prakash Chandra Jha, Advocate For the Respondent/s :

Mr. J.K Roy, S.C.13 :

Mr. Ajay Bhushan Prasad, AC to SC13 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-07-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. This application has been filed for seeking following reliefs:

(i) To issue a writ in the nature of mandamus directing the respondent the Senior Superintendent of Police, Patna to comply, obey and execute the direction issued in the order dated 01.04.2015 passed in Guardianship Case No.7 of 2013 passed

Patna High Court CR. WJC No.1203 of 2025(2) dt.22-07-2025 2/3 by learned court of Principal Judge, Family Court, Patna; As also the direction issued in the order dated 29.10.2024; passed in Execution Case No.06/2016/150/2016 passed by learned court of Principal Judge, Family Court, Patna in letters and sprit.

(ii) To direct the Senior Superintendent of Police, Patna and other respondent to take prompt response to the letter No.174/2015 and letter No.43 dated 01.02.2016 issued under the authority of learned Principal Judge, Family Court, Patna; And as also letter No.149/24 dated 20.11.2024 issued from the office of the learned Principal Judge, Family Court, Patna addressed to the S.S.P. and D.I.G., Patna Police on seeking execution of the order passed in the said Execution Case No.06/2016.

(iii) To hold and declare that the respondents are obliged to comply and obey the order of the learned Family Court, Patna and are obliged to hand over the two sons (i) Aman Kumar, (ii) Pranay Kumar of petitioner after letting them released from illegal custody of private respondent No.6 hereof.

(iv) To hold and declare that in terms of Article 14 and 21 of Constitution of India and in terms of said order of learned Family Court, Patna

Patna High Court CR. WJC No.1203 of 2025(2) dt.22-07-2025 3/3 Police Authority is obliged to redress the aforesaid grievance of petitioner sooner than later.

3. The petitioner wants execution of the order of the Family Court by this Court, which is not permissible in law.

4. In these circumstances, this application is disposed of with a liberty the petitioner to approach the Family Court in accordance with law for the reliefs.

(Sandeep Kumar, J) anand/- U T