Dismissed

Shankar Kumar v. The State Of Bihar Through Superintendent Of Police, Gaya and Ors.

Patna HC22 Apr 2015CR. WJC/313/2015

Case brief

AI extract

What is this about?

A Criminal Writ petition for Habeas Corpus seeking release of a minor named Puja Kumari from Mahila Alpa Awash Grih, Gaya, was dismissed. The court held that her custody under a judicial order was not illegal and the petitioner had other legal remedies.

What did the court decide?

Writ of Habeas Corpus dismissed as custody was based on a valid judicial order with no illegality.

Shankar Kumar Vs The State Of Bihar Through… — Writ and Judicial Review | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Writ Jurisdiction Case No.313 of 2015

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====================================================== 1. Shankar Kumar son of Dablu Prasad, Resident of New Area, Piparpanti, P.S. Kotwali, District- Gaya

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.... .... Petitioner/s Versus 1. The State of Bihar through Superintendent of Police, Gaya 2. The Deputy Superintendent of Police (Town) Gaya. 3. The Officer-in-Charge, Kotwali Police Station, Gaya 4. Basant Prasad, son of Late Prabhu Sao, resident of Mohalla- G.B. Road, P.S. Kotwali, District Gaya .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sheikh Arkan Ahmad For the Respondent/s : Mr. Ram Balak Mahto, A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 2 22-04-2015 Heard learned counsel for the petitioner and learned counsel for the State. This writ petition has been filed for issuance of a writ of Habeas Corpus for the release of wife of the petitioner, namely, Puja Kumari from Mahila Alpa Awash Grih, Gaya in connection with Kotwali P.S. Case No. 164/12 and 480/13.

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It is not in dispute that the wife of the petitioner has been directed to be sent to Nari Niketan, Gai Ghat, Patna by an order dated 18.02.2015 passed by the learned Chief Judicial Magistrate, Gaya till she attains majority or till further order

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Patna High Court Cr. WJC No.313 of 2015 (2) dt.22-04-2015

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before she attains majority.

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It is evident that the custody of said Puja Kumari is not illegal rather on the basis of a judicial order against which if the petitioner is aggrieved, he has other legal remedies available. In such circumstance, no writ of Habeas Corpus can be issued. This writ petition is, accordingly, dismissed.

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(Ramesh Kumar Datta, J)

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Amin/-

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(Anjana Mishra, J)

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Shankar Kumar v. The State Of Bihar Through Superintendent Of Police, Gaya and Ors.

Case brief

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Shankar Kumar v. The State Of Bihar Through Superintendent Of Police, Gaya and Ors.

Case brief

What is this about?

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