IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.627 of 2011 MD. SHAHID SON OF MD. QAIYUM, R/O VILLAGE- RAMPUR PURWARI TOLA, KELABARI,P.S.- GOGRI,DISTRICT- KHAGARIA VERSUS 1. THE STATE OF BIHAR 2. THE DIRECTROR GENERAL OF POLICE, GOVT. OF BIHAR, PATNA 3. THE SUPERINTENDENT OF POLICE, KHAGARIA 4. THE OFFICER-IN-CHARGE, GOGRI POLICE STATION, DISTRICT- KHAGARIA 5. MD. MURSHID ALAM, SON OF MD. JABBAR 6. MD. JABBAR,SON OF LATE MD. TOTO BOTH R/O VILLAGE- RAMPUR PURWARI TOLA, KELABARI, P.S.- GOGRI, DISTRICT- KHAGARIA ----------- 2 29/06/2011 The petitioner seeks custody of his children who are being illegally detained by respondent nos. 5 and 6. It appears from annexure-1 that the petitioner is accused of a case registered under section 304 B of the Indian Penal Code. He is the husband of the deceased. The informant is the respondent no. 5 and respondent no. 6 is the father of the deceased. The petitioner seeks custody of his children so that he could take proper care of them. According to the petitioner, the children are not being properly looked into so he suspects that their life may be spoiled. The petitioner is facing accusation under section 304 B of the Indian Penal Code. He is alleged to have killed his wife who happens to be the mother of the children whose custody is being sought by the petitioner. Respondent no. 6 is none-else the father of 2 the deceased and it cannot be said that he may be having any adverse interest towards the children. Considering the facts and circumstances of the case, we are not inclined to grant any relief to the petitioner presently. Accordingly, this petition is dismissed. However, if so advised, the petitioner may move before the proper forum for seeking custody of his children. avin (Shyam Kishore Sharma, J.) (Rajendra Kumar Mishra, J.)