Anita Devi v. The State Of Bihar Through Chief Secretary At Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1496 of 2018 Arising out of PS. Case No.-348 Year-2018 Thana- PHULWARI District- Patna =============================================== Anita Devi, W/o Vinod Prasad, C/o Sagar Sweets, in front of Block Office, Phulwari Sariff, Patna.

... ... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary at Patna

2. Superintendent of Police, Patna.

3. Station House Officer, Phulwarisariff

4. Amit Kumar @ Amit Raj @ Amir Kumar Choudhary ... ... Respondent/s =============================================== Appearance :

For the Petitioner/s : Mr. Subodh Kumar, Advocate For the Respondent/s: Mr. Prabhat Kumar Verma, AAG-3 : Ms. Divya Verma, AC to AAG-3 =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date : 09-07-2018 Heard learned counsel for the petitioner and the State. This writ petition has been filed for issuance of writ of habeas corpus for production of Priyanka Kumari, who is a major according to the petitioner but the petitioner has not impleaded her as a party and also for a direction to send respondent no. 4 in judicial custody on account of committing the offence of bigamy punishable under Section 494 of the Indian Penal Code.

Patna High Court Cr. WJC No.1496 of 2018 dt.09-07-2018 2/2 However, at the time of hearing, it is stated on behalf of the petitioner that the girl has already been recovered by the police and her statement has been recorded under Section 164 Cr.P.C. in which she has stated that she has gone with the respondent no. 4 on her own volition.

In such a situation, in our view, no writ of habeas corpus can be issued in this matter.

As a result, this writ petition is dismissed. (Dr. Ravi Ranjan, J) (S. Kumar, J) Vikash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.07.2018 Transmission Date NA