IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.W.J.C. No.284 of 2009 Suresh Prasad son of late Sukhu Garai, resident of village Lodipur, P.S. Ekangar Sarai, District Nalanda, presently working as Peon in the office of Executive Engineer, Minor Irrigation Department, Japla in the State of Jharkhand … … Petitioner Verus 1. The State of Bihar, 2. The State of West Begal, through Director General of Police, West Bengal, Kolkoka, 3. The Director General of Police, Bihar, Patna, 4. The Superintendent of Police, Nalanda at Bihar Sharif, 5. The Additional Superintendent of Police, Hilsa, Nalanda, 6. The Sub-divisional Police Officer, Hilsa, Nalanda, 7. The Officer-in-charge, Ekangar Sarai Police Station-cum-Station House Officer, Ekangar Sarai, in the District of Nalanda, 8. Jugeshwar Chaudhary, son of Sali Choudhary, Sub- Inspector of Police-cum-Investigating Officer of Kangar Sarai P.S. Case No. 177 of 2008, P.S. Ekangar Sarai, in the District of Nalanda, 9. The Railway Superintendent of Police, G.R.P., Asansole, in the Town and District Asansole in the State of West Bengal, 10. Sanjeev Kumar son of Rajeshwar Choudhary, permanent resident of village Kadilpur, P.S. Telhara, in the District of Nalanda, presently working as Assistant RailwayDriver at Anara Railway Station within Asansole Railway Division, in the State of West Bengal, 11. Nibha Kumari daughter of Suresh Prasad, in the illegal custody and detention of Sanjeev Kumar, presently working as Assistant Railway Driver at Anara Railway Station within Asansole Railway Division, in the State of West Bengal, … Respondents For the Petitioner: Mr. Anjani Kumar Sinha, Advocate, For Respondent No. 9: Mr. Anil Singh, Advocate, For Respondent No. 10:Mr. Satish Narain Singh,AC to GA III …. 2 2 21.04.2009 This habeas corpus petition is filed by the father of respondent no. 11, Nibha Kumari, for her release from the illegal custody of Sanjeev Kumar, respondent no. 10. Ekangar Sarai Police Station Case No. 177 of 2008 was registered and investigation was conducted and thereafter final form was filed in the case. The petitioner filed a protest-cum-complaint petition. It is the case of respondent no. 10 that he had got valid marriage with respondent no. 11, as she is major. It has also come in evidence that a case under Dowry Prohibition Act is also pending. Since the petitioner has approached the police and the police has taken steps and the matter was enquired into, it cannot be stated at this juncture that respondent no. 11, Nibha Kumari, is in illegal custody of respondent no. 10, and a writ of habeas corpus can be issued from this Court. Alternaltively, the petitioner wants to see his daughter. It is left open to the petitioner to file a complaint before the Magistrate under Section 97 of the Code of Criminal Procedure, which may be disposed of in 3 accordance with law. This criminal writ petition is dismissed. (J.B. Koshy, CJ) SC ( Dr. Ravi Ranjan, J.)