IN THE HIGH COURT OF JUDICATURE AT PATNA CR WJC No 1028 of 2011 Mathura Prasad, son of late Hazari Prasad, resident of Mohalla – Basant Vihar Colony, Raghunathe Path, P S – Danapur in the District of Patna - Petitioner Versus 1 The State of Bihar 2 The Director General of Police, Bihar, Patna 3 The Inspector General of Police, Patna 4 The Senior Superintendent of Police, Patna 5 The City Superintendent of Police (West), Patna 6 The Deputy Superintendent of Police, Danapur, Patna 7 The SHO Danapur Police Station, Patna 8 Sri A N Pal, Investigating Officer of Danapur PS Case No 360 of 2011, Patna 9 Mr Upendra Mandal, son of late Shivdhari Mandal 10 Mr Sumant Kumar, son of Sri Jitendra Mandal 11 Chandan Kumar 12 Pankaj Kumar, sons of Sri Upendra Mandal, residents of Mohalla – Basant Vihar Colony, Raghunath Path, PS – Danapur in the district of Patna - Respondents ----------- 3 25.10.2011 The present writ application has been filed by allegedly a helpless father for recovery and custody of his daughter Geetanjali Kumari who, he alleges, has been held in illegal confinement. We asked the learned Advocate General to seek instructions in the matter immediately as it was a matter of Danapur. A counter affidavit has been filed annexing the copy of the statement of the girl Geetanjali Kumari recorded on 05.10.2011 under Section 164 of Criminal Procedure Code (Cr PC) by Judicial Magistrate on orders of the Additional Chief Judicial Magistrate (ACJM), Danapur. It is not in dispute that the girl is about 23/24 years of age. One thing, which is clear from the statement of the girl as recorded, is that she clearly does not wish to stay or go back to her parents. We are not concerned with reasons or justifications thereof. 2 Mr Ram Suresh Roy, learned Senior Counsel for the petitioner submits that if the statement is read in a dispassionate manner, it would show that it is the tutored statement. Unfortunately, we do not wish to go into this aspect of the matter. We asked the parties if they had the ordersheet of the Court of the learned ACJM, Danaur. Mr Ram Suresh Roy produced certified copy of the ordersheet. The ordersheet reveals that she was produced by the police to record her statement under Section 164, Cr PC on 05.10.2011. Once that was recorded, she pleaded to be released as she did not want to go back to her parents. She wanted to live by her ownself. She was, accordingly, handed over to the Investigating Officer. This certified copy of the ordersheet had been obtained by the petitioner on 12th of October, 2011. The writ petition was affidavited for filing on the 14th of October, 2011. It was filed on 20th of October, 2011. There is not a whisper in the writ petition about these facts which were all well within the knowledge of he petitioner. The writ petition pleads that the girl is traceless and is being held in illegal confinement. In view of the aforesaid facts and the conduct of the petitioner, we are not inclined to interfere in the matter. The writ petition is dismissed. M.E.H./ (Navaniti Prasad Singh) (Ashwani Kumar Singh)