Monu Kumar v. The Principal Secretary Home (Police), Patna, Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1759 of 2019 Arising Out of PS. Case No.-51 Year-2018 Thana- MEHANDIA District- Jehanabad ====================================================== MONU KUMAR, S/o Shri Nand Kishore Singh Resident of Shivbalak Bigha, P.S.- Mehendia, District- Arwal ... ... Petitioner/s

Versus

1.

The Principal Secretary Home (Police), Patna, Bihar 2.

The Superintendent of Police, Arwal, Bihar 3.

The Sub-Divisional Police Officer, Arwal, Bihar 4.

The Officer In-charge, Mehandia P.S., (Arwal) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Upendra Kumar Singh 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) 10-12-2019 Petitioner has prayed for the following relief: "For releasing the victim girl from remand home who is his wife and languishing in remand home since 21.08.2018 because her detention in remand home is illegal and against the constitution as well as bad in the eye of law. Now victim girl is major but still she is regarded as minor."

We are not inclined to issue notice for the reason that the present petition in its form is not maintainable. The custody of the wife of the petitioner cannot be said to be illegal for the concerned court has remanded her to be lodged at the Remand

Patna High Court CR. WJC No.1759 of 2019(2) dt.10-12-2019 2/2 Home by passing a judicial order.

At this stage, learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to take recourse to such remedies as are otherwise available in law. Accordingly, this petition is dismissed reserving aforesaid liberty.

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