Marachhiya Devi v. The State Of Bihar Through The Director General Of Police Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1481 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- MAHINDWARA District- Sitamarhi ====================================================== Marachhiya Devi Wife of Ram Kripal Mehta Resident of Village - Sirkhiriya, P.S.- Mahindwara, District- Sitamarhi ... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Director General Of Police Bihar, Patna Bihar 2.

The Superintendent of Police, Sitamarhi, District- Sitamarhi Bihar 3.

The Station Head Officer, Khagaria Police Station, District- Khagaria Bihar 4.

The Superintendent After Care Home, Patna Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Adv.

For the Respondent/s :

Mr. P.N. Sharma, Adv.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 24-10-2019 The first relief prayed by the petitioner is for quashing of a judicial order, but the writ petition has been framed as a habeas corpus petition claiming the relief of custody.

In our considered opinion, it would be more appropriate that the order of detention and sending the victim to remand home can be better assailed either in a revision petition or such other forum as the petitioner may be advised

Patna High Court CR. WJC No.1481 of 2019 dt.24-10-2019 2/2 to approach in accordance with law together with consequential reliefs.

Consigned to records with the above.

(Amreshwar Pratap Sahi, CJ) ( Ashutosh Kumar, J) K.C.Jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 24.10.2019 Transmission Date 24.10.2019