Ashwani Kumar v. The State Of Bihar, Through The Director General Of Police, Patna, Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No 18 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- WESTCHAMPARAN(BETTIAH) =========================================================== Ashwani Kumar, Son of Anirudh Prasad, Resident of Village- Gahiri, P.S.- Nautan, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar, through the Director General of Police, Patna, Bihar.

2. The Superintendent of Police, West Champaran, Bettiah, Bihar.

3. The Superintendent of Police, East Champaran, Motihari, Bihar.

4. The S. H.O., P.S. - Nautan, West Champaran.

5. The S.H.O, P.S. - Sugauli, East Champaran.

6. The Director General of Police, Orissa, Bhuwaneshwar.

7. Ranjeet Kumar, Son of Mahendra Prasad.

8. Sunaina Devi, Wife of Mahendra Prasad.

9. Sanjay Prasad, Son of Mahendra Prasad.

10. Ravi Kumar, Son of Mahendra Prasad.

11. Mahendra Prasad, Son of Not known, Respondents No. 7 to 11, are residents of Village- Sripur Rampur, P.S.- Sugauli, District- East Champaran. .... .... Respondent/s =========================================================== For the Petitioner/s : M/s Ansul, Archit Rajpal, Shreyanshu Kr & Ms Vaishali Sinha, Advocates For the Respondent/s : Mr Prabhu Narayan Sharma, AC to AG =========================================================== CORAM: HON'BLE MR JUSTICE NAVANITI PRASAD SINGH And HON'BLE MR JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE MR JUSTICE NAVANITI PRASAD SINGH) Date: 17-01-2017 A counter affidavit has been filed on behalf of the State. 2 Heard the parties and with their consent, this writ petition is being disposed of at this stage itself.

3 By this writ petition, the petitioner claims to be the brother of Pritam Priyadarshini @ Rupam. He states that the young girl was married to Ranjeet Kumar, son of Mahendra Prasad. There was estranged relationship between the parties so much so that a case was

Patna High Court Cr. WJC No.18 of 2017 dt.17-01-2017 filed by his sister under Domestic Violence Act. There were cases filed by her husband for restitution of conjugal rights. The petitioner and family members want to get in touch with the girl who is supposed to be living in matrimonial house but they are not permitted to get in touch with her. They are concerned of her well being especially on coming to know that all cases have been withdrawn. 4 Having considered the matter and heard the parties, in our view, justice would be met if the girl is produced before the Superintendent of Police, Motihari, East Champaran on 23.01.2016 at 11 am. She may be accompanied by her husband.

The petitioner and his family members may also be present there at that time and they would be allowed free access to the said girl so that they can talk to her separately and be satisfied with her well being. The Superintendent of Police, it is expected, would also be present to see that there is no untoward incident at that time. 5 Learned counsel for the State would take steps to communicate this order to the learned Superintendent of Police, Motihari for proper compliance.

6 With this observation and direction, this writ petition stands disposed of.

(Navaniti Prasad Singh, J) (Vikash Jain, J) U T M.E.H./-