IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1320 of 2010 PUNAM DEVI Versus THE STATE OF BIHAR AND ORS. ----------- 2/ 5.1.2011 Heard counsel for the parties. This application has been filed by the petitioner Punam Devi for a direction to the Superintendents of Police, Darbhanga, Chapra and Patna to recover her daughter namely, Rupa Kumari alias Soni, who has been kidnapped by Shyam Yadav, respondent no. 10 for forcibly solemnizing marriage with the daughter of the petitioner. In the writ application itself, it has been admitted by the petitioner that the petitioner had instituted a police case vide Chapra P.S. Case No. 194 of 2008 and the matter is still under investigation. Earlier also, the husband of this petitioner had filed Kankarbagh P.S. Case No. 324 of 2007 making similar allegation against same accused persons, namely, Ghanshyam Yadav, Mohan Yadav and Shyam Yadav (Respondent no. 10). This case had also been instituted under sections 366A/34 of IPC making similar allegation that the daughter of the first informant Kedar Nath Upadhyaya, the husband of the present petitioner, Punam Devi, has been kidnapped by accused persons with an intention to solemnize forcible marriage. The daughter of the informant was recovered and handed over to her parents. Again she fled away with the same person, namely, Shyam Yadav, respondent no. 10. This time, it has been alleged in the FIR 2 that she had been abducted with some jewelleries and valuables. The facts as revealed in the criminal writ petition indicate that in 2007, the girl had gone in the company of Shyam Yadav. Again in 2008, she went with him and till date has not come back. We do not find that the present writ application is maintainable for issuance of a writ in the nature of habeas corpus in the given facts and circumstances of the case. However, the police case which has been instituted by the petitioner, as referred to above, shall be investigated. The petitioner has already opted for the remedy available to her and as such, there is no reason for issuance of any writ in this regard. Accordingly, the writ application is dismissed. Anil/ (Mridula Mishra, J.) ( Dharnidhar Jha, J.)