Writ of Habeas corpus cannot be issued if the person being sought enters appearance before the Court

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.917 of 2018
Arising Out of PS. Case No.-13 Year-2018 Thana- BEUR District- Patna

Virat Arya, son of Sri Dhrup Chandra Lal @ Druv Chandra Lal,
Resident of Mohalla- East Chanakya Colony, Police Station- Parsa Bazar, District- Patna…. … Petitioner/s

Versus

1. The State of Bihar.

2. The Director General of Police, Bihar, Patna.

3. The Inspector General of Police, Bihar, Patna.

4. The Senior Superintendent of Police, Patna.

5. The Officer-in- Charge, Beur Police Station, District- Patna.

6. Sri Subhash Prasad, son of Sri Jay Nandan Singh, Resident of Mohalla- Harnichak, Police Station- Beur, District- Patna.

7. Madhu Kumari, wife of Virat Arya, daughter of Sri Subhash Prasad, Resident of Mohalla- Harnichak, Police Station- Beur, District- Patna…. … Respondent/s

Appearance :

For the Petitioner/s : Mr. Achintya Anand, Advocate
For the Respondent/s : Mr. Prabhu Narayan Sharma, AC to AG.

CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE MADHURESH PRASAD

ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN)

Date : 01-11-2018 Heard learned counsel for the petitioner and the State.

The girl, her father and mother have been produced before us. We have interacted with the girl. She has stated in categorical terms before us that since she was assaulted by the writ petitioner, she left her matrimonial house and she does not want to go back.

In such a situation, since the girl has already been produced before us, this is not a fit case in which a writ of Habeas Corpus can be issued.

In the result, this writ application is dismissed.

The girl is allowed to go with her parents.

(Dr. Ravi Ranjan, J) ( Madhuresh Prasad, J) V.K.Pandey/-

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