Om Prakash 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.1556 of 2022 Arising Out of PS. Case No.- Year-0 Thana- District- Bhojpur ====================================================== OM PRAKASH Son of Sri Bharat Ram Resident of Village - Yatampur, Sohra, P.S.- Krishnagarh, Saraiya, District - Bhojpur at Ara ... ... Petitioner

Versus

1.

The State of Bihar through the Director General of Police, Bihar, Patna. Bihar 2.

The Inspector General of Police, Patna Range, Patna, Bihar Bihar 3.

The Superintendent of Police, Bhojpur at Ara Bihar 4.

The Station House Officer, Krishnagarh, Saraiya, District - Bhojpur at Ara Bihar 5.

Rajia Khatoon Wife of Abdul Rejak Resident of Village - Gohain Doloni, P.S.- Bihpuria, District - Lakhimpur, Assam 6.

Abdul Rejak Son of Abdul Matin Resident of Village - Gohain Doloni, P.S.- Bihpuria, District - Lakhimpur, Assam 7.

Munas Ali Son of Not Known Resident of Gohain Doloni, P.S.- Bihpuria, District - Lakhimpur, Assam 8.

Anwara Begum Wife of Sahid Islam Resident of Village - Daulatpur, P.S.- Bihpuria, District - Lakhimpur, Assam ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Indu Bhushan, Advocate For the Respondent State:

Mr. P.N.Sharma, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 19-12-2022 It is the petitioner's case that his two minor children, aged five years and three years, are in illegal confinement of private respondents No. 5 to 8 in the district of Lakhimpur in Assam. The said private respondents are in-laws of the petitioner.

Patna High Court CR. WJC No.1556 of 2022(2) dt.19-12-2022 2/2 In our opinion, this writ application is wholly misconceived. According to the petitioner's case, his children are in illegal confinement in the State of Assam. We are not inclined to entertain the writ application as the petitioner has statutory remedy under the provisions of Code of Criminal Procedure.

This application, in our opinion, is misconceived and is accordingly dismissed.

(Chakradhari Sharan Singh, J) ( Chandra Prakash Singh, J) Pawan/- U