IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.495 of 2009 Mamta Devi, wife of Sanjay Kumar, resident of Village Chitnawa, P.S. Maner, District- Patna ------------ Petitioner. Versus 1. The State of Bihar 2. The D.G.P. Old Secretariat, Govt. of Bihar, Patna. 3. I.G. Govt. of Bihar, Patna. 4. S.P.(Rural), Govt. of Bihar, Patna. 5. Officer-in-charge of Maner Police Station.(Sri Awadhesh Kuamr Singh) Patna. 6. Assistant Officer In-charge of Maner P.S. (Sri R.K. Das). 7. Sanjay Kumar aged about 32 years son of Nawal Kishore Singh, resident of Village-Chhitnawa, P.S. Maner, District-Patna (Husband of the writ petitioner.) ------ Respondents. -------------- 4. 24.7.2009 Heard Mr. Sunil Kumar Pathak for the petitioner, and Mr. Alok Kumar, learned Assistant Counsel to Additional Advocate General No. I. The petitioner raises a grievance before this Court that her husband (respondent no.7) was illegally arrested by the police at Maner on 27.6.2009, and prays for a direction for his release. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that respondent no.7 was arrested on 27.6.2009, at 8 P.M., by the local police at Maner. The petitioner thereafter filed Misc. Case No. 119 of 2009, in the court of the learned Additional Chief Judicial Magistrate, Danapur. It further appears that in view of the direction of this Court in an unrelated case, one Binay Kumar was directed to be arrested. The police was allegedly able to locate Binay Kumar who was locked up in a house. The police attempted to arrest him but was obstructed by other persons including respondent no.7 herein, the details of which are stated in the First 2 Information Report bearing Maner P.S. Case No. 196 of 2009, dated 29.6.2009 (Annexure-A). The alleged occurrence led to his arrest at the spot followed by the First Information Report. Respondent no.7 was produced in the court of the learned Additional Chief Judicial Magistrate on 30.6.2009, and was released on bail on 2.7.2009. The present writ petition was lodged in this Court on 1.7.2009. It was for the first time taken up on 3.7.2009, and learned counsel for the petitioner did not inform this Court that respondent no.7 has already been released on bail rendering the present writ petition infructuous. We are further of the view that once respondent no.7 had moved the learned Additional Chief Judicial Magistrate, Danapur, there was no occasion for him to move this Court simultaneously. It amounts to gross abuse of the process of the Court. The writ petition is dismissed. Vinay/ ( S. K. Katriar ,J. ) ( Jyoti Saran, J.)