Most. Munni Devi v. The State Of Bihar Through The Home Secretary, Bihar Government, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1143 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Gaya ====================================================== Most. Munni Devi, (Age 27 years, Female), Wife of Late Ajay Yadav, Permanently resident of village - Kathautiya, P.S.- Magadh Medical College, District - Gaya, Bihar, Presently at - Daughter of Lila Yadav, Village/Mohalla - Godawari, P.S.- Rampur, District - Gaya, Bihar. ... ... Petitioner

Versus

1.

The State of Bihar through the Home Secretary, Bihar Government, Patna. 2.

The Director General of Police, Bihar.

3.

The Senior Superintendent of Police, Gaya.

4.

The Officer In-Charge, Magadh Medical Police Station, Gaya. 5.

Vijay Yadav @ Binay Yadav, Son of Kishori Yadav, Resident of Vill.- Kathautiya, P.S. - Magadh Medical, District - Gaya. 6.

Sanjay Yadav, Son of Kishori Yadav, Resident of Vill.- Kathautiya, P.S. - Magadh Medical, District - Gaya.

7.

Anil Yadav, Son of Chandan Yadav, Resident of Vill.- Kathautiya, P.S. - Magadh Medical, District - Gaya.

8.

Kishori Yadav, Son of late Sitaram Yadav, Resident of Vill.- Kathautiya, P.S. - Magadh Medical, District - Gaya.

9.

Sunita Devi, wife of Binay Yadav @ Vinay yadav, Resident of Vill.- Kathautiya, P.S. - Magadh Medical, District - Gaya. 10.

The Patna Municipal Corporation through its Municipal Commissioner, Patna.

11.

The Senior Superintendent of Police, Patna.

12.

Manish Kumar @ Master Manish, aged about 7 years, Son of Late Ajay Yadav, resident of Village-Kathautiya, P.S. Magadh Medical, District-Gaya. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Avinash Kumar Singh, Advocate For the Respondent No.8: Mr. Shailesh Kumar, Advocate For the State :

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

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 04-08-2023 Heard the parties.

Patna High Court CR. WJC No.1143 of 2021(14) dt.04-08-2023 2/2

2. On behalf of the petitioner, it has been submitted that in respect of the custody of the child, a proceeding before the learned Principal Judge-Ist, Gaya, is already pending which is numbered as Guardianship Case No. 02 of 2019.

3. Learned counsel for the petitioner seeks permission to withdraw the present application with a liberty to pursue the proceeding pending before the learned Principal Judge-Ist, Gaya.

4. Permission is accorded.

5. The learned Principal Judge-Ist, Gaya, is directed to take all necessary steps to dispose of the abovesaid referred case, within a period of three months, from the date of receipt/production of a copy of this order.

6. Accordingly, with the aforesaid observation and direction, the present application stands disposed of. (Sudhir Singh, J) U.K./- ( Chandra Prakash Singh, J) U T