IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.790 of 2010 BRAHMA DEO MAHTO Versus STATE OF BIHAR & ORS ----------- 2 04.02.2011 Heard learned counsels for the petitioner and the State. The prayer of the petitioner is for issuance of a writ/direction to handover the respondent nos. 6 & 7 from the custody of their mother, who is respondent no.5. Learned counsel for the petitioner submits that the petitioner, being the grand father of the respondent nos. 6 & 7, is entitled to claim their custody for their well being. Learned counsel for the State submits that the respondent nos. 6 & 7, who are minor, are with their mother and the prayer of the petitioner for their custody is not permissible and can not be allowed. Considering the submissions of the parties, since the minor children are with their mother, the claim of the petitioner for their custody can not be allowed. In view of the above, the writ application being devoid of any merit is, accordingly, dismissed. Manish/- ( Shailesh Kumar Sinha,J.)