IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.968 of 2009 FUL RANI DEVI, WIFE OF SHESH NATH KUER, RESIDENT OF VILLAGE CHHAWARHIYA, P.S.- MAJHAULIA, DISTRICT- WEST CHAMPARAN ……. Petitioner Versus 1. THE STATE OF BIHAR 2. UMESH KUMAR, SUPERINTENDENT OF POLICE, EAST CHAMPARAN, (MOTIHARI). 3. SURESH CHAND TIWARI, DEPUTY SUPERINTENDENT OF POLICE, ARRERAJ (EAST CHAMPARAN). 4. MANOJ KUMAR SINGH, OFFICER-IN-CHARGE, POLICE STATION, GOVINDGANJ, DISTRICT 5. AWADH BIHARI SHUKLA, ASSISTANT SUB-INSPECTOR, POLICE STATION ARRERAJ, O.P. 6. CHANDRA KANT PANDEY ALIAS PRAMOD PANDEY, SON OF VISHWA NATH PANDEY, RESIDENT OF MOHALLA APPU COLONY, P.S.- GOVINDGANJ, ARRERAJ, O.P.- DIST. EAST CHAMPARAN (MOTIHARI) 7. GURIYA ALIAS AMRITA DEVI, WIFE OF SANTANU SINGH, ALIAS ANUP KUMAR, RESIDENT OF MOHALLA APPU COLONY, ARRERAJ, P.S.- GOVINDGANJ, ARRERAJ O.P., DISTRICT- EAST CHAMPARAN (MOTIHARI). 8. KUMAR GAURAV, SON OF SANTANU SINGH, ALIAS ANUP KUMAR, UNDER THE NATURAL GUARDIANSHIP OF HIS FATHER, PRESENTLY UNDER THE CUSTODY OF CHANDRA KANT PANDEY ALIAS PRAMOD PANDEY, RESIDENT OF MOHALLA APPU COLONY, ARRERAJ P.S.- GOVINDGANJ, ARRERAJ, O.P., DIST. EAST CHAMPARAN (MOTIHARI). ….. Respondents ----------- 4 23.12.2009 Heard Mr. Baxi S.R.P. Sinha for the petitioner, Mr. S.K. Ghosh learned Additional Advocate General no. 2 for respondent nos. 1 to 5, and Mr. Pramod Kumar Pandey for respondent nos. 6 to 8. In pursuance to the order dated 18.12.2009, respondent nos. 2 to 8 are present. The mother of respondent no. 7 is also present. The petitioner claims to be the mother of Shantanu Singh @ Anup Kumar, who allegedly married respondent no. 7. Respondent no. 6 lodged a first information report against 2 Shantanu Singh and Others, alleging therein that he is married to respondent no. 7, and she was abducted by Shantanu Singh & Ors. Respondent no. 7 was thereafter recovered by the police and has been handed over to respondent no. 6 on the basis of a “Jimmanama”. The writ petition has, therefore, been preferred for a direction to the respondents to allow respondent no. 7, in the capacity of the legally wedded wife of Shantanu Singh, to go to her matrimonial home. Respondent nos. 6 to 8 have placed on record their counter affidavit wherein it is stated that respondent nos. 6 and 7 are legally wedded husband and wife, and she was abducted by Shantanu Singh leading to the first information report. It is further stated therein that Shantanu Singh is evading arrest. Raju Singh, his younger brother, was arrested, and has recently been granted bail by this court. It is further stated therein that the petitioner or Shantanu Singh and other family members should desist from interfering with the marital life of respondent nos. 6 and 7. We have perused the materials on record and considered the submissions of learned counsel for the parties. We have interviewed respondent no. 7, and her mother, separately in camera. In view of the materials on record, and our conversation with respondent no. 7 and her mother, we are of the view that we should not proceed with the present writ petition. Respondent no. 7 is allowed to go with her mother and is left to her own decision, being admittedly a major and mother of two 3 sons. In that view of the matter, the writ petition is dismissed. We wish to make it perfectly clear that the observations made hereinabove are strictly and entirely for the purpose of disposal of the present writ petition, and no part of it should come in the way of the pending criminal cases. In view of the final disposal of the matter, the respondents are no longer required to file counter affidavit or conduct any inquiry as per our earlier order dated 18.12.2009. pkj (S.K. Katriar, J.) ( Kishore K. Mandal, J. )