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Ruby Devi vs The State Of Bihar on 25 February, 2020

Criminal Writ Jurisdiction Case No.56 of 2020
Arising Out of PS. Case No.-1314 Year-2019 Thana- PATNA COMPLAINT CASE District-

RUBY DEVI, Wife of Mukesh Kumar Singh R/O – In the house of Anil
Kumar, Railway Colony, Station Road, Fatuha, District- Patna

… … Petitioner/s
1. The State of Bihar
2. The Director General of Police (D.G.P.), Bihar
3. The Senior Superintendent of Police (S.S.P.), Patna Bihar
4. The Officer-in-Charge (S.H.O.), Fatuha Police Station, Patna Bihar
5. Mukesh Kumar Singh Son of Kapildeo Singh R/O – In the House of Anil
Kumar, Railway Colony, Station Road, Fatuha, P.S.- Fatuha, District- Patna

… … Respondent/s

Appearance :
For the Petitioner/s : Mr. Ravi Kumar, Adv.
Mr.Rajiv Ranjan Singh, Adv.
Ms. Priya Chaubey, Adv.
For the Respondent/s : Mr.Lalit Kishore (Ld. A.G.)



3 25-02-2020 Heard learned counsel for the petitioner and learned

counsel for the State.

Petitioner has prayed for the following relief(s):

(i) To forthwith direct the respondent State to
immediately recover the following four minor
children of the petitioner who has been forcibly
taken away by the husband of the petitioner along
with some 3-4 unknown persons on 18.09.2019 at
about 10:00 P.M. and all the minor children are still
traceless. Those traceless minor children are-

Patna High Court CR. WJC No.56 of 2020(3) dt.25-02-2020

(a) Krish Kumar, aged about 8 years,

(b) Mausam Kumar, aged about 5 years,

(c) Mansoon Kumar, aged about 4 years,

(d) Yashraj Kumar, aged about 3 years.

(ii) To complete the investigation in connection with
complaint Case No. 1314©/2019 filed in the court of
the learned Additional Chief Judicial Magistrate-1st,
Patna City after hearing directed Fatuha Police
Station to institute an FIR and submit report under
Section 156(3) of the Code of Criminal Procedure.
However, till date no action has been taken by the
respondent State even after repeated reminders.”

The dispute, matrimonial in nature, inter se the

petitioner/wife and respondent no. 5/husband, in which

unfortunately, the fate of the children, born out of the wedlock,

is sought to be adjudicated by way of the instant petition, in the

nature of habeas corpus.

We notice that the petitioner has already lodged a

complaint with the concerned Police Station and pursuant

thereto, an FIR already stands registered.

From the record, it cannot be inferred that there is

immediate threat to life of the four minor children, born out of

the wedlock, the apprehension orally expressed is not based on

any cogent materials.

We notice that the petitioner also has remedy under
Patna High Court CR. WJC No.56 of 2020(3) dt.25-02-2020

the provisions of the Guardian and Wards Act and not by way of

the instant petition, for the custody of the children with the

father, be it for whatever means and to the dislike of the wife,

cannot be said to be illegal.

As such, we dispose off the present petition reserving

liberty to the writ petitioner/wife to take recourse to such

remedies as are otherwise available in accordance with law.

(Sanjay Karol, CJ)

( S. Kumar, J)


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