IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.349 of 2009 NEERAJ KUMAR son of late Basidhar Singh, Shyam Sadan 1/33, New Patliputra Colony,P.O + P.S. Patliputra, Dist. Patna-13, Presently residing at C/o Giridhar Jha, D/876, P.S. Bindapur, D.P.A Flat, P.O. Uttam Nagar, New Delhi -110059 …….Petitioner. Versus 1. THE STATE OF BIHAR through the Director General of Police, Bihar, Patna. 2.The Director General of Police, Bihar, patna. 3. The Senior Sup[erintendent of Police, patna. 4. Rajendra Prasad Sinha, son of late Jamadar Prasad 5. Shakutala Sinha, w/o Rajendra Prasad Sinha, 6. Alok Prasad Sinha son of Rajendra Prasad Sinha, 7. Ajit Kumar son of Rajendra Prasad Sinha 8. Atul Kumar son of Rajendra Prasad Sinha, all 4 to 8 resident of Road no. 1A House No. 16, Shivpuri Back side of A. N. College, Patna-800023 …. Respondents. ----------- 2 4.5.2009 Even though it is stated by the petitioner that his wife has been kept confined illegally by respondent no.4 but the averments made in paragraphs 5, 6 and 7 show that after the petitioner met with an accident he called his wife and she came back to Delhi and she started living there. It is further stated that his wife came back to her parent house and according to the petitioner now she is not willing to come to Delhi. It is further stated that the petitioner is being ill-treated by the wife and she is insisting him that the property which is at Patliputra Colony in the name of his mother should be given to her. Thus from the averments made in the petition it appears that wife of the petitioner is not under illegal custody and the remedy of the petitioner is to approach before the Family Court for restitution of conjugal right . The petitioner cannot seek remedy through the habeas corpus petition. - 2 - We do not find any merit in the application and the same is dismissed. (J.B. Koshy, CJ) (Dr. Ravi Ranjan, J) Rahman/