IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.99 of 2009 Amar Singh, Son of Sri Mahendra Singh, resident of Village-Satyendra Nagar, Block Colony, P.S. Aurangabad(T), District- Aurangabad ----- Petitioner. Versus 1. The State of Bihar 2. The Superintendent of Police, Aurangabad. 3. The Assistant Superintendent of Police, Aurangabad. 4. The Officer-in-Charge, Town P.S. Aurangabad. 5. Janeshwar Singh, son of late Budhan Singh, resident of Village- Ankuppa, P.S. Kutumba, District-Aurangabad. 6. Ram Sundar Singh, son of late Senapati Singh. 7. Mahendra Singh, Son of Sri Ram Sundar Singh, Both resident of Village-Mahuli, P.S. Arrah(M), District-Arrah, presently residing Incharge of Chemistry Department Laboratory, Prayogshala Rasayan Vibhag, Nalanda College, Biharsharif, P.S. Bihar Sharif, District:Nalanda(Bihar). 8. Anita Devi @ Guriya, wife of Sri Amar Singh, resident of Village: Satyendra Nagar, P.S. Aurangabad(T), District-Aurangabad. 9. Dharmendra Kumar Singh, Son of Sri Janeshwar Singh, resident of Village- Anakuppa, P.S. Kutumba, District-Aurangabad - --Respondents. -------- 6. 4.5.2010 Heard Mrs. Asha Verma for the petitioner, Mr. Ram Bilash Mahto, learned Additional Advocate General No.8, and Mr. Sajid Salim Khan. The petitioner seeks a writ of Habeas Corpus to some of the private respondents for production of his wife. However, learned counsel for the petitioner submits that respondent no.5 died during 2 pendency of the present proceedings. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that a substantive criminal case is pending against the petitioner on the charge of murdering his wife under the provisions of Section 304(B) of the Indian Penal Code. In such a situation, the present writ petition is not maintainable. It prima facie appears to us that the present writ petition has been preferred to create defence in the substantive case. The writ petition is accordingly dismissed. It goes without saying that it will be open to the petitioner to pursue his remedies in accordance with law which shall be disposed of completely uninfluenced by the observations made hereinabove which are meant for the limited purpose of disposal of the present writ petition in limine. Vinay/ ( S. K. Katriar ,J. ) (Kishore K. Mandal, J.)