Dismissed

Bijendra Choudhary v. The State of Bihar through its Principal Secretary Home Deptt. Govt. of Bihar Patna

Patna HC10 Dec 2019CR. WJC/1756/2019

Case brief

AI extract

What is this about?

Petitioner filed a habeas corpus petition seeking recovery of a newborn female child kept with maternal grandparents, claiming she might die due to neglect. Court held custody was not illegal as grandparents had a natural right, classifying it as a civil dispute suitable for mediation or adjudication.

What the court decided

AI extract

Bijendra Choudhary Vs The State of Bihar… — Child Custody and Guardianship | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1756 of 2019

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Arising Out of PS. Case No.-302 Year-2017 Thana- SHASTRINAGAR District- Patna

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======================================================

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Bijendra Choudhary, Son of Late Sheo Prasad Chodhary, Resident of Village - Belaur, P.S.- Udwant Nagar, District- Bhojpur, Maternal Grandfather of femal child kept in custody of respondent no. 3, Gotiya of accused Abhay Tiwary of Shashtrinagar P.S. Case no. 302 of 2017 pending in Court of A.C.J.M IVth Patna

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... ... Petitioner/s

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Versus

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The State of Bihar through its Principal Secretary Home Deptt. Govt. of Bihar Patna

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Shri Subodh Prasad Singh, Investigating Officer of Shashtri Nagar P.S. Case No. 302/17 S.I. of Police Station Shashtri Nagar, District- Patna

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Satyadeo Tiwari

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Sarvdeo Tiwari

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Both sons of Sahja Nand Tiwari, Resident of Village - Nainijore, P.S.Barahmpur, District- Buxar

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar For the Respondent/s : Mr.Lalit Kishore(Ld. A.G)

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======================================================

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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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2 10-12-2019 Petitioner has prayed for the following relief:

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“For issuance of writ in the nature of Havious Corpus and direction to respondent no. 2 for recovery of newly born female child from deceased daughter of petitioner who was killed by her in-laws and Shastri Nagar P.S.Case No. 302/2017 has been instituted against in-laws of deceased daughter of informant petitioner in order to save her life and to hand over the newly born child 5 months before the

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Patna High Court CR. WJC No.1756 of 2019(2) dt.10-12-2019 2/2

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daughter of petitioner was killed and new born female child was concealed and kept in custody of respondent no. 3 for which the petitioner apprehends that she might be left uncared so that she may also died due to negligence of taking care for her.”

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Custody of the child, born out of the wedlock, cannot be said to be illegal, for the respondents no. 3 and 4 are the grand parents.

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It is a civil dispute which needs to be settled either by the process of mediation or by adjudication of rights in accordance with law. In fact, it is a case where it cannot be said that the child stands illegally detained by the grand parents.

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As such, we find no merit in the present petition, which is accordingly dismissed, reserving liberty to the petitioner to take recourse to such remedies as is otherwise available in accordance with law.

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(Sanjay Karol, CJ)

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( Anil Kumar Upadhyay, J)

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sujit/-

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Bijendra Choudhary v. The State of Bihar through its Principal Secretary Home Deptt. Govt. of Bihar Patna

Case brief

What is this about?

What the court decided

Bijendra Choudhary v. The State of Bihar through its Principal Secretary Home Deptt. Govt. of Bihar Patna

Case brief

What is this about?

What the court decided

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