IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.976 of 2008 ------- Smt. Urmila devi wife of Sri Umesh Choudhary, resident of mohalla Saketpuri, P.S. Sadar, District Muzaffarpur. ….. Petitioner Versus 1. The State Of Bihar through the Commissioner-cum-Principal Secretary, Department of Home (Police), Government of Bihar, Patna. 2. The Director General of Police, Bihar, Patna. 3. Inspector General of Police, Tirhut Zone, Muzaffarpur. 4. Deputy Inspector General of Police, Tirhut Range, Muzaffarpur. 5. Superintendent of Police, Muzaffarpur. 6. Additional Superintendent of Police (Town) Muzaffarpur. 7. Incharge Police Officer, Sadar Police Station, Muzaffarpur. 8. Investigating Officer, Sadar Police Station, Muzaffarpur. 9. Shyam Nandan Jha son of Sri Ram Briksh Jha 10. Sonu Kumar Jha son of Shyamnandan Jha 11. Monu Kumar Jha son of Shyamnandan Jha 12. Dipali Kumari daughter of Baccha Jha 13. Mintu Kumar Jha son of Pintu Jha All resident of village Raghunathpur Madhuban, P.S. Maniari, District Muzaffarpur. Respondents ----------- For the petitioner : Mr.Banwari Sharma, Advocate For the respondents : Mr. Ritesh Kumar, Junior counsel to Additional Advocate General-I ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------- Dated, the 14th November, 2008. This habeas corpus petition has been filed by Smt. Urmila Devi alleging that her daughter Sushmita Kumari has been kidnapped - 2 - by Shyamnandan Jha, Sonu Kumar Jha, Monu Kumar Jha, Dipali Kumari and Mintu Kumar Jha and that she has been kept in illegal confinement by them. Her daughter is said to be the student of M.D.D.S. College, Muzaffarpur and it is alleged that on 10th of March, 2008 at about 9.A.M., she went to college, but did not return. 2. From the averments made in the writ petition itself, it transpires that a first information report has been lodged being Sadar P.S.Case No.83/2008 on 12th April, 2008 with regard to the said incident. According to the petitioner, when nothing concrete was done by the investigating officer, she made an application before the Chief Judicial Magistrate, Muzaffarpur on 23rd May, 2008. The Chief Judicial Magistrate had also forwarded the application to the police authorities but no substantial progress in the matter has been done. 3. The respondents have filed counter affidavit today. The steps taken by the investigating officer in investigating the matter has been set out in the counter affidavit. What transpires from the investigation is that the girl Sushmita Kumari had spoken to the petitioner on phone on 10th March, 2008 and had informed her that she was in Delhi and had married somebody. According to the statement of the petitioner herself recorded during the course of investigation, she received such phone call from her daughter. If that be so we find no justification in entertaining this habeas corpus petition. - 3 - 5. Writ petition is disposed of accordingly. R. M. Lodha, CJ Kishore K. Mandal, J. Sunil