Chandan Paswan v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2086 of 2024 Arising Out of PS. Case No.- Year-0 Thana- District- Patna ====================================================== Chandan Paswan Son of Sri Dinanath Paswan Resident of Mohalla - Rampur, Paswan Toli, Nahar Road, P.S. - Bahadurpur, District - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna Bihar 2.

Principal Secretary, Home (Police) Department, Govt. of Bihar, Patna Bihar 3.

Director General of Police Cum Inspector General of Police, Bihar, Patna Bihar 4.

Zonal Inspector General of Police, Bihar, Patna Bihar 5.

Senior Superintendent of Police, Patna Bihar 6.

Deputy Superintendent of Police, Town, Patna Bihar 7.

Station House Officer Cum Officer-in-Charge, Phulwarisharif Patna 8.

Chanchala Kumari Police Sub - Inspector, Phulwari Sharif Police Station, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajendra Prasad, Senior Advocate Mr.Pramod Kumar, Advocate Mr.Ritesh Kumar, Advocate For the Respondent/s :

Mr.Prabhu Naryan, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 27-11-2024 In the light of previous order dated 30.10.2024, Competent Authority has initiated disciplinary proceedings against Respondent No. 8 - Chanchala Kumari and it is pending consideration as and when it is completed, the same shall be placed on record by the concerned Senior Superintendent of Police, Patna.

Patna High Court CR. WJC No.2086 of 2024(4) dt.27-11-2024 2/3

2. In the instant petition, petitioner has prayed for the following relief(s):- "(a) The respondents be directed/commanded to produce the petitioner's daughter Manvi Kumari aged about 5 years and she be handed over to the petitioner.

(b) Respondent No. 8 Subinspector Chanchala Kumari be directed in particular to explain her conduct and behavior as what motivated her to kidnap a five year old daughter of the petitioner specifically from the house of the petitioner which does not fall even within the jurisdiction of Phulwari Sharif Police Station where she was/is posted.

(c) The respondents be commanded/directed to apprise as to under what provision respondent no. 8 has acted and taken away five year old daughter of the petitioner namely Manvi Kumari and she further be directed to produce the baby child and hand over to the petitioner.

(d) The respondents be directed/commanded about the action to disclose as to what action they have taken on the repeated application of the petitioner and request made through telephone by the petitioner.

(e) By an ad-interim order that respondents be directed to produce Manvi Kumari and hand over to the petitioner.

(f) Any other relief or relief's which the petitioner be found entitled to be granted to him."

3. On 30.10.2024, in Para 4, we have expressed our view having regard to the fact that petitioner has statutory remedy under statute he has to exhaust such remedy instead of

Patna High Court CR. WJC No.2086 of 2024(4) dt.27-11-2024 3/3 pursuing Habeas Corpus petition. Accordingly, the present Cr.W.J.C No. 2086 of 2024 stands disposed of. (P. B. Bajanthri, J) ( S. B. Pd. Singh, J) abhishekkr/- U