Mala Kumari v. The State Of Bihar Through D.G.P. Bihar, Patna And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.321 of 2015 ====================================================== Mala Kumari daughter of Amarnath Rai resident of village Bhagwanpur Kaiju, P.S. Patepur, District Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar Through D.G.P. Bihar, Patna

2. The Superintendent Care Home, Patna.

3. Superintendent of Polie, Vaishali.

4. J. Paswan son of not known S.I. Patepur Police Station, District Vaishali.

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

For the Petitioner/s : Mr. Prem Prakash Poddar For the Respondent/s : Mr. Ram Balak Mahto, A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 22-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has prayed for a writ of Habeas Corpus alleging that her detention in After Care Home, Nazarath Mokama, District Patna is illegal.

Although it is not specifically stated but it appears from the averments made in the writ petition that the detention of the petitioner in the said After Care Home is pursuant to a judicial order.

In the aforesaid circumstance, it cannot be said that the detention of the petitioner is illegal. No writ of Habeas

Patna High Court Cr. WJC No.321 of 2015 (2) dt.22-04-2015 Corpus can, accordingly, be issued.

This writ application is dismissed. If the petitioner is aggrieved by the Judicial order, she has liberty to take recourse to appropriate proceedings before an appropriate forum. (Ramesh Kumar Datta, J) (Anjana Mishra, J) Amin/- U