Yasmin Khanam v. The State Of Bihar Through The Principal Secretary, Dept. Of Home (Police), Bihar Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1509 of 2019 Arising Out of PS. Case No.-152 Year-2019 Thana- SIMRI District- Darbhanga ====================================================== YASMIN KHANAM wife of Md. Samiur Rahman Resident of Village - Basatwara, P.S.- Simri, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home (Police), Bihar, Patna 2.

The Director General of police, Bihar, Patna. 3.

The Additional Director General of Police (Head Quarter), Bihar, Patna. 4.

The Inspector General of Police, Darbhanga Range, Darbhanga. 5.

The Deputy Inspector General of Police, Darbhanga Range, Darbhanga. 6.

The Senior Superintendent of Police, Darbhanga 7.

The Deputy Superintendent of Police, Sadar, Darbhanga. 8.

The Station House officer, Simri Police Station, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No 13 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) 06-01-2020 Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following reliefs: "(I) A writ of habeas corpus directing the respondent authorities, particularly the Senior Superintendent of Police, Darbhanga (Respondent No. 6) to take the victim girl from the custody of the accused/miscreants, who has illegally detained the victim girl in their custody, for which Simri P.S.Case No. 152 of 2019 dated 06.09.2019 under Sections

Patna High Court CR. WJC No.1509 of 2019(4) dt.06-01-2020 2/2 366/34 of the I.P.C. has been registered but still the victim is traceless.

(II) A writ of Mandamus directing the respondent authorities to produce the victim girl at the Hon'ble Court and be released the victim girl from the custody of the accused/miscreants and be handed over her to parent and further be pleased to take necessary legal steps against accused/miscreants according to law.

(III) Any other writ/writs for granting any other relief/reliefs for which the petitioner is found entitled to in the facts and circumstances of the present case."

Undisputedly, the victim girl stands recovered and statement under Section 164 Cr.P.C. recorded. As such, learned counsel for the petitioner does not want to press this petition reserving liberty to approach the concerned authority to initiate appropriate action in accordance with law.

Accordingly, the present petition is dismissed reserving liberty aforesaid.

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