IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1227 of 2008 INDU BHUSHAN PRASAD son of Rameshwar Prasad, Resident of village Dhum Nagar Dhuswa, P.S.Nautan, District West Champaran, Presently residing at Mohalla Anand Nagar, Bettiah, P.S.Bettiiah Town,District West Champaran. ………………………………………………….. Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary, Home Department, Govt. of Bihar, Patna. 3. The Director General of police, Bihar, Patna. 4. The District Magistrate, West Champaran, Bettiah. 6. The Superintendent of Police, West Champaran, Bettiah. 7. Veena Devi W/o Indu Bhushan Prasad, working as Assistant Teacher in Govt. Primary School Safawa Tola (Dhum Nagar),P.S.Nautan Dist.West Champaran and residing at the house of Dhruvdeo Prasad Assistant Teacher, Begali Colony,Belbagh, Bettiah, P.S. Bettiah Dist. West Champaran. 8. Smt.Saroj Kumari, W/o Sri Dhruvdeo Prasad, Assistant Teacher, Bengali Colony, Belbagh, Bettiah P.S. Bettiah Dist. West Champaran. 9. Sri Dhruvdeo Prasad, Assistant Teacher, Resident of Bengali Colony, Belbagh Bettiah, P.S. Bettiah, Dist. West Champaran……Respondents. - - - - - 3. 31.03.2009 The petitioner has filed this application seeking relief mainly against his wife Veena Devi, Respondent No.7 who is a teacher and the relief has been sought in the manner that the respondent no.7 has left the petitioner and she is keeping one son and one daughter with her and that the petitioner is not in know of the whereabout of his son and daughter. Petitioner has filed Annexure-1, the application he wrote to the Superintendent of Police, West Champaran, Bettiah wherein he has mentioned that he is an unemployed youth of 38 years and that this wife has left the house and she has taken away ornaments and money from the house and that the petitioner has also filed a case seeking restitution of conjugal life against the respondent No.7. It is also mentioned therein that the whereabout of the son and the daughter of the petitioner who are living with the Respondent No.7 is not known to him. It was also alleged in Annexure-1 that the Respondent No.7 was living an adulterous life with the Respondent no.9 and a prayer was made for taking action against those persons. It was submitted by the learned counsel for the respondents that Annexure-1 is said to be a petition sent to the Superintendent of Police, Bettiah, but any receipt is not placed on record. It was also submitted that the petitioner seeks the custody of his children but he himself says that he is an unemployed youth and thus, it is not disclosed how they would be maintained by the petitioner. So far the allegation of bigamy is concerned, it is stated that the petitioner has every opportunity for lodging any case against anybody , if any offence is made out, but any substantive case is not said to have been lodged by the petitioner before the competent authority, like the Officer In-charge of the Police Station concerned or before the learned Chief Judicial Magistrate regarding the offences alleged. In such view of the matters, I find that there is noting in this case for any indulgence in the matter raised by the petitioner. This application is, accordingly, dismissed. Jay/ (C.M.Prasad,J)