Baby Devi v. The State Of Bihar Through The Principal Secretary, Home Department, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2058 of 2018 Arising Out of PS. Case No.-307 Year-2018 Thana- MANER District- Patna ====================================================== Baby Devi wife of Late Pankaj Kumar, resident of Village- Chhitanawan, Post Office- Daudpur, Police Station- Maner, District- Patna. ... ... Petitioner

Versus

1. The State of Bihar Through The Principal Secretary, Home Department, Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Inspector General of Police, Patna Zone, Patna.

4. The Deputy Inspector General of Police, Central Rang, Patna.

5. The Senior Superintendent of Police, Patna.

6. The Superintendent of Police, Police, District- Bagha, District- West Champaran.

7. The Additional Superintendent of Police, Danapur, District- Patna.

8. The Officer in Charge, Maner Police Station, District- Patna.

9. The Officer-in- Charge, Chautarwa Police Station, Police Station- Bagha, District- West Champaran.

10. Shailesh Kumar, Assistant Sub- Inspector of Police, Investigating Officer of Maner, P.S. Case No. 307/18, Maner Police Station, District- Patna.

11. Vasudev Yadav, son of Lorik Yadav,

12. Ramdev Yadav, son of Lorik Yadav,

13. Praduman Yadav, son of Lorik Yadav,

14. Lalpari Devi, wife of Lorik Yadav,

15. Lorik Yadav son of Late Vishundev Yadav, Respondent nos. 11 to 15 are residents of Village- Chainpur Patilar, Police Station- Chautarwa, Bagha, District- West Champaran.

16. Awadh Yadav @ Ayodhya Yadav, son of not known to the petitioner, resident of Village- Naugawan, Police Station- Ramnagar, District- West Champaran. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Navendu Kumar For the Respondent/s :

Mr. Prabhu Narayan Sharma, AC to AG ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) 25-09-2018 Heard learned Counsel for the petitioner and the learned Counsel for the State.

Counter affidavit has been filed on behalf of the State,

Patna High Court Cr. WJC No.2058 of 2018(3) dt.25-09-2018 2/2 clearly stating that the girl has been recovered, her statement has been recorded under Section 164 Cr.P.C. and thereafter the girl has been handed over to her mother i.e. writ petitioner. The writ petitioner has also accepted the fact that the girl is now staying with her.

In such a situation, we are of the view that this writ petition for issuance of writ in the nature of habeas corpus for production of the concerned girl has lost its efficacy and, as such, the same stands disposed of.

However, it is made clear that this order would not come in the way of the parties in approaching a competent forum for redressal of her/their grievances.

(Dr. Ravi Ranjan, J) ( Madhuresh Prasad, J) Snkumar/- U