IN THE HIGH COURT OF JUDICATURE AT PATNA
CR WJC No 811 of 2011
Nand Kishore Ray
Versus
The State Of Bihar & Ors
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2 16.08.2011 The present writ application has been filed by the
petitioner for virtually recovery of his married daughter. He alleges
that he has got his daughter married but as his son-in-law was
working outside, she used to stay with him and the husband and
others used to visit her at his place. Petitioner further alleges that
some co-villages enticed her away. It is not in dispute that she is a
major.
In our view, this writ petition is wholly misconceived.
Petitioner, on his own showing, has lodged Siwaipatti Police Station
Case No 27 of 2011 dated 29.03.2011 under Sections 363, 366/34 of
Indian Penal Code against the named persons and the police is
investigating. A writ of habeas corpus would not lie in such
situation. It is a matter of criminal investigation whether she has
eloped or she has been kidnapped.
This writ petition being misconceived is, accordingly,
dismissed.
The petitioner, however, has the liberty to move the
Superintendent of Police, Muzaffarpur East if he has any grievance
against the Investigating Agency who would look into the matter
and take necessary action in that regard.
M.E.H./ (Navaniti Prasad Singh)
(Ashwani Kumar Singh)