IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1176 of 2008 1. SUNAINA DEVI W/O NARSINGH TIWARI, R/O VILLAGE- MAJHWALIA, P.S.-KATEYA, DISTRICT- GOPALGANJ Versus 1. STATE OF BIHAR THROUGH SECRETARY HOME 2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA 3. INSPECTOR GENERAL OF POLICE, MUZAFFARPUR 4. DEPUTY INSPECTOR GENERAL OF POLICE, SARAN AT CHHAPRA 5. SUPERINTENDENT OF POLICE, GOPALGANJ 6. DEPUTY SUPERINTENDENT OF POLICE, HATHUA, DISTRICT- GOPALGANJ 7. OFFICER-IN-CHARGE KATEYA POLICE STATION, GOPALGANJ ********* For the petitioner :- Mr. Ashok Kumar Jha, Advocate Mr. Suman Kumar Mishra, Advocate For the State :- Mr. Sheojee Prasad, G.P.- 2 *********** 3 23/01/2009 The petitioner happens to be the wife of one Narsingh Tiwary. Her prayer in this writ application is for issuance of a writ in the nature of Habeas Corpus directing the respondents to ensure her husband’s production and set him free. Mr. Ashok Kumar Jha appears on behalf of the petitioner. State is represented by GP- 2. It is an admitted position that Kateya P.S. Case No. 134 of 2008 has been registered under section 365 of the Indian Penal Code for the kidnapping of the petitioner’s husband. It is not the case of the petitioner that her husband is in illegal confinement of a public authority or an individual at a particular place. In that view of the matter, we are of the opinion that the prayer for issuance of a writ of Habeas Corpus is absolutely misconceived. - 2 - As substantive criminal case i.e. Kateya P.S. Case No. 134 of 2008 has been registered for kidnapping of the husband of the petitioner, we deem it expedient that respondent no. 5 Superintendent of Police ensures conclusion of the investigation without unnecessary delay. The writ application is disposed of with the observation aforesaid. (Chandramauli Kr. Prasad, ACJ.) (Shyam Kishore Sharma, J.) avin