IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.279 of 2019
Arising Out of PS. Case No.-212 Year-2018 Thana- District- East Champaran
Pooja Devi, aged about 23 years, gender female, Wife of Rajesh Chaudhary
resident of Village -Mani Chhapra ward no.1 Bahuara, Police Station-
Chakiya, District-East Champaran.
… … Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Home (Police) Department,
Government of Bihar, Patna.
2. The Inspector General of Police, Tirhut Zone, Muzaffarpur.
3. The Deputy Inspector General of police, Champaran Range, Motihari,
District- East Champaran.
4. The District magistrate, East Champaran at Motihari.
5. The Superintendent of Police, East Champaran at Motihari.
6. The Deputy Superintendent of Police (Headquarter), East Champaran at
Motihari.
7. The S.H.O. Chakiya Police Station, District- East Champaran.
8. Rajesh Chaudhary son of Late Ram Pukar Chaudhary, resident of Village-
Mani Chhapra Ward no. 1, Bahuara, Police Station-Chakiya, District-East
Champaran.
9. Suni Kumar, minor son of Rajesh Chaudhary
10. S. Kumar, minor son of Rajesh Choudhary
11. Ayush Kumar, minor son of Rajesh Choudhary
9 to 11 are under guardianship of their Parents and are illegal custody of their
father Rajesh Chaudhary, resident of Village- Mani Chhapra Ward no. 1,
Bahuara, Police Station-Chakiya, District-East Champaran.
… … Respondent/s
Appearance :
For the Petitioner/s : Mr. Binay Kumar, Advocate
Mr. Vibhakar Kumar, Advocate
For the Respondent/s : Mr. Prabhu Narayan Sharma, AC to AG
Patna High Court Cr. WJC No.279 of 2019 dt.04-02-2019
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE JUSTICE SMT. ANJANA MISHRA
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 04-02-2019
The allegation on the basis whereof this petition has
been filed is that the petitioner is the mother of respondent nos.10
and 11 and she wants the custody of these children on the ground
that respondent no.8 is unlawfully detaining them.
A counter affidavit has been filed on behalf of the State
and there the story narrated is something otherwise. The allegation
made in paragraph-5 of the affidavit indicates that there is material
to demonstrate that the petitioner had fled away with one Suraj
Sah and thereafter she lodged an FIR against him. Her first
marriage with the respondent no.8 is admitted in paragraph-6 and
also disclosing the children born from the said wedlock.
In the background that the petitioner is alleged to have
fled away with a co-villager and has also instituted a criminal case,
it would be unsafe to tread upon the issue of custody of these
children and to release or to give custody to the petitioner for
which it will be more appropriate that the petitioner approaches the
concerned and competent Court for determining the guardianship
of the said minor children under the Guardians and Wards Act.
Patna High Court Cr. WJC No.279 of 2019 dt.04-02-2019
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We are, therefore, not inclined to entertain the petition.
It is open to the petitioner to seek such other remedies that may be
available to her in law.
Dismissed with the said observations.
(Amreshwar Pratap Sahi, CJ)
( Anjana Mishra, J)
Sunil/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 05.02.2019
Transmission Date 05.02.2019
