Shahid Alam v. The State Of Bihar Through The Principal Secretary, Department Of Home, Secretariat, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1104 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Gopalganj ====================================================== SHAHID ALAM Son of Md. Ayub Alam Resident of Village- Jhirwa, P.O.- Jhirwa, P.S.- Uchkagaon, District- Gopalganj, Bihar, Pin Code- 841440 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home, Secretariat, Patna. Bihar 2.

KAJAL KUSHWAHA Wife of Shahid Alam, D/o Amod Prasad Resident of Arna Bazar, Arna, Village- Jhirwa, P.O. Jhirwan, P.S.- Uchkagaon, DistrictGopalganj. 3.

LILAWATI DEVI Wife of Amod Prasad Resident of Arna Bazar, Arna, Village- Jhirwa, P.O.- Jhirwa, P.S.- Uchkagaon, District- Gopalganj. 4.

The Superintendent of Police, Gopalganj. Bihar 5.

The S.H.O. Uchkagaon Police Station, Gopalganj. Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Alok Kumar Sinha, Advocate For the Respondent/s :

Mr.M. Nasrul Huda Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 07-12-2023 In the instant petition, petitioner has prayed for the following relief(s):- "That this is an application for issuance of appropriate writ/writs, order/orders, direction/directions in the nature of Habeas Corpus or any other suitable writ or direction for release of Respondent No. 2 from the unlawful detention and wrongful confinement from the possession of the Respondent no. 3 and her family members. Further be directed to send the Respondent no. 2

Patna High Court CR. WJC No.1104 of 2021(7) dt.07-12-2023 2/2 to her matrimonial home to live with petitioner."

2. Counter affidavit has been filed on behalf of the respondent-state. In their counter affidavit they have indicated that 2nd Respondent is aged about 21 years and she has made certain statements under Section 164 of Cr.P.C.

3. Be that as it may the petitioner is not disputing that 2nd Respondent is living with her parents. Taking note of these facts and circumstances, the present petition does not survive for consideration. Accordingly, the present petition stands disposed of, reserving liberty to the petitioner if he is aggrieved he has to invoke appropriate remedy.

(P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) abhishekkr/- U