IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.35 of 2009 NOOR JAHAN KHATOON, D/o Md. Asgar, R/O Mohalla- Sabzi Bazar, Beli Sarai, P.s. Bihar Sharif, Distt- Nalanda.--- Petitioner. Versus 1. THE STATE OF BIHAR 2. The Superintendent of Police, Nalanda 3. Md. Seraj, son of Late Md. Hanif 4. Shana Jamjam D/o Md. Seraj 5. Sami Alam S/o Md. Seraj 6. Sohara Alam S/o Md. Seraj, All R/o Mohalla-Sherpur, Biharsharif, Distt- Nalandad. —Respondents. ----------- For the petitioner : Mr. Sanjay Prasad, Advocate For the State : AC to AAG-I ----- 2. 05.2.2009. Prayer of the petitioner in this application is for a direction for issuance of a writ in the nature of habeas corpus commanding respondent no.3 to hand over respondent nos.4 to 6 her children in her custody. Mr. Sanjay Prasad appears for the petitioner. State is represented by AC to AAG-I. It is not in dispute that respondent no.3 happens to be father of respondent nos.4 to 6 and in that view of the matter, it cannot be said that the children are in illegal confinement. In that view of the matter, we are of the opinion that prayer of the petitioner for issuance of a writ in the nature of habeas corpus is absolutely 2 misconceived. Petitioner, if so advised, may take recourse to any other appropriate remedy in accordance with law. Application stands dismissed with the observation aforesaid. ahk (C. K. Prasad,ACJ) (Shyam Kishore Sharma)