IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.999 of 2010 MATIYA DEVI Versus STATE OF BIHAR & ORS ----------- 04. 30.09.2010 The petitioner claims to be the mother-in-law of one Indu Devi, who is disappeared along with three minor children, in absence of her husband, from the house of the petitioner. The petitioner’s son and husband of Indu Devi, as per the statement made in the writ application, presently resides and working in Arab country. Prayer of the petitioner is for a direction to the police authorities to search and recover her daughter-in-law along with three minor children, who at present are living in the company of respondent no. 9 at Delhi. The first question, which arises, whether on the basis of the disclosed facts, a writ application of habeas corpus is maintainable. The fact does not disclose that the daughter-in-law of the informant has been kept in illegal confinement. Rather the Complaint Case No. 2329 of 2010, pending in the Court of Judicial Magistrate, Gopalganj, which has been annexed as Annexure-1, discloses that daughter-in-law of the 2 petitioner has gone with money, jewelry and other articles, which indicates that willingly she has gone in the company of respondent no. 9. Considering this fact and also that a complaint case has already been filed by the petitioner, which is pending in the Court of Judicial Magistrate, Gopalganj, she has remedy by filing an application before the Judicial Magistrate with a prayer to exercise jurisdiction under section 97 of the Cr.P.C. This writ application is not maintainable, as such dismissed. SKM (Mridula Mishra, J.) (Dharnidhar Jha, J.)