Dismissed

Jhubri Devi v. The State of Bihar through the Director General of Police, Bihar, Patna

Patna HC14 Dec 2022CR. WJC/1143/2022

Case brief

AI extract

What is this about?

The Patna High Court dismissed a criminal writ petition filed by Jhubri Devi seeking a writ of habeas corpus for the custody of her daughter-in-law. The Court held the petition was misconceived, noting that custody disputes of this nature are not maintainable as habeas corpus writs.

What did the court decide?

The writ petition was dismissed as it was found to be misconceived and not maintainable.

Jhubri Devi Vs The State of Bihar… — Constitutional and Fundamental Rights | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1143 of 2022

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Arising Out of PS. Case No.-130 Year-2022 Thana- PALASI District- Araria

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====================================================== JHUBRI DEVI

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... ... Petitioner/s

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Versus

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The State of Bihar through the Director General of Police, Bihar, Patna

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner : Mr. Rama Nand Poddar, Advocate For the Respondent : Mr. Lalit Kishore (A.G.) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH)

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9 14-12-2022

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The petitioner claims to be mother-in-law of a female (name concealed), who, according to her, has solemnized marriage with her (the petitioner's) son. This writ petition has been filed seeking direction to the State authorities as well as respondent no. 10, who is father of the said female, that her custody should be handed over to her (the petitioner) and who is presently in illegal confinement of her father (respondent No. 10).

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A counter affidavit has been filed on behalf of the Superintendent of Police, Araria, stating therein, inter alia , that the girl was recovered after lodging of a criminal case by her

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Patna High Court CR. WJC No.1143 of 2022(9) dt.14-12-2022 2/3

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father and her statement under Section 164 of the Cr.P.C. was recorded. As the court, while recording the statement of the girl under Section 164 of the Cr.P.C., assessed her age as 15 years and since she was not willing to go with her parents, she was kept in a remand home at Kishanganj. Subsequently, in the light of a letter issued by the Chairman, Child Welfare Committee, Araria, the learned Additional District and Sessions Judge-I, Araria, directed for handing over the custody of the said girl to her parents on jimmanama . It has further been stated that in her statement under Section 164 of the Cr.P.C., the girl has denied the allegation of her kidnapping and has admitted that she had gone with the son of respondent no. 10 out of her own volition. During the medical examination, her age was assessed as 18 to 20 years.

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Be that as it may, the petitioner, claiming to be mother-in-law of the said girl, cannot maintain this writ petition seeking issuance of writ in the nature of writ of habeas corpus for custody of the said female. This writ petition, in our view, is misconceived.

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Further, it goes without saying that if a person has a grievance that someone has been put under illegal confinement, which amounts to an offence, he may approach the District

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Patna High Court CR. WJC No.1143 of 2022(9) dt.14-12-2022 3/3

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Magistrate, Sub-Divisional Magistrate or Magistrate of the first class under Section 97 of the Cr.P.C..

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This application, in our opinion, has no merit and is

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accordingly dismissed with the aforesaid observation.

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(Chakradhari Sharan Singh, J)

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( Chandra Prakash Singh, J)

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gauravkr/-

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Jhubri Devi v. The State of Bihar through the Director General of Police, Bihar, Patna

Case brief

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Jhubri Devi v. The State of Bihar through the Director General of Police, Bihar, Patna

Case brief

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