IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.772 of 2011 Amit Kumar Srivastava, S/o Arun Kumar Srivastava, resident of Mouar Lane, Sultanganj, P.S.-Sultanganj, District-Patna. ..........Petitioner. Versus 1. The State of Bihar through the Director General of Police, Bihar, patna. 2. The District Magistrate, Patna. 3. The Senior Superintendent of Police, Patna. 4. The Superintendent of Police, Patna. 5. The Officer-in-Charge, Gandhi Maidan, Police Station, Patna. 6. Narendra Kumar Singh, S/o Late Harihar Singh, resident of Bihar Road near Railway gate, P.S.-Akangersarai, District-Nalanda (State of Bihar) Pin Code No. 801301, At present resident of Address Nath Niketan- (Near of Dr. T.V.C.P. Singh) Dwarika Nath Lane Salimpur Ahra, Patna-3. 7. Shiksha Shalini, Wife of Amit Kumar Srivastava, Nath Niketan (Near of Dr. T.V.C.P. Sinha) Dwarika Nath Lane, Salimpur Ahra, Patna-3. --------Respondents. -----------
2. 05.08.2011 The petitioner claims to be lawfully wedded husband of
respondent No. 7, who are both adults. He alleges that his wife’s
father is keeping her in illegal confinement against her will and
depriving the petitioner husband of the lawful company of his wife.
In our view, the application seeking a writ of Habeas
Corpus is mis-conceived. In such a situation, petitioner has remedy
either under sections 97, 98 of the Code of Criminal Procedure or
Section 339 onwards under the Indian Penal Code or Section 9 of
the Hindu Marriage Act, surely with so many remedies available,
which are equally efficacious.
In view of the aforesaid, Mr. Yogesh Chandra Verma,
learned Senior Counsel, seeks leave to withdraw this writ petition.
It is disposed of as such.
(Navaniti Prasad Singh, J.) Sanjeet (Ashwani Kumar Singh, J.)