Saroj 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.1497 of 2019 Arising Out of PS. Case No.-506 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== Saroj Devi Wife of Ravinath Jha Resident of Village-Ramnagar, P.S-Sakra, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

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

The Senior Superintendent of Police, Muzaffarpur, Bihar Muzaffarpur. 3.

The SDO, East, Muzaffarpur, Bihar. Muzaffarpur. 4.

The Dy. S.P., East, Muzaffarpur, Bihar Muzaffarpur 5.

The Police Inspector, Sakra Police Station, Muzaffarpur, Bihar Muzaffarpur 6.

The Officer-in-charge/Station House Officer, Sakra P.S. Muzaffarpur, Bihar Muzaffarpur 7.

Abhishek Kumar Son of Anil Mahto Resident of Village-Ram Nagar, P.SSakra, District-Muzaffarpur, Bihar. 8.

Ankit Kumar Son of Mohan Sah through/under his natural guardian Resident of Village-Ramnagar, P.S.-Sakra, District-Muzaffarpur, Bihar 9.

Anil Mahto Son of Late Shivnath Mahto @ Late Vishwanath Mahto Resident of Village-Ramnagar, P.S-Sakra, District-Muzaffarpur 10.

Mohan Sah Son of Late Faguni Sah Resident of Village-Ramnagar, P.SSakra, District-Muzaffarpur, Bihar. 11.

Rahul Kumar @ Rakesh Kumar Son of Shambhu Mahto Resident of Village-Ramnagar, P.S-Sakra, District-Muzaffarpur, Bihar. 12.

Anil Patel Son of not known Resident of Naya Tola, Chatta Chowk, P.S-Kaji Mohammadpur, District-Muzaffarpur, Bihar.

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Advocate For the Respondent/s :

Mr.Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-01-2020 The petitioner seeks direction in the nature of a writ of habeas corpus for production of the corpus of minor daughter

Patna High Court CR. WJC No.1497 of 2019(5) dt.20-01-2020 2/2 of the petitioner, namely, Nandani Kumari either dead or alive who has been kidnapped and for which substantive FIR has been lodged by husband of the petitioner bearing Sakra P.S. Case No. 506 of 2018."

Supplementary counter affidavit filed on behalf of respondent No. 2 is taken on record.

The corpus of the missing person stands recovered. In fact, her statement has been recorded under Section 164 of the Code of Criminal Procedure by the appropriate Magistrate and she has been now in Balika Girih, Begusarai. As such we, dispose of the present petition reserving liberty to the petitioner to take recourse to such remedies as are otherwise available in accordance with law.

(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) spandey/- U T