IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1234 of 2010 SURENDRA PRASAD Versus THE STATE OF BIHAR & ORS. ----------- 02. 03.12.2010 Prayer of the petitioner is for issuance of Writ of Habeas Corpus, commanding the Respondent Authorities to release his son, Brajesh Kumar @ Karan, since he has been kept in illegal confinement by the Respondent Nos. 6 and 7, the Superintendent of Police, Aurangabad and the Jail Superintendent, Mandal Kara, Aurangabad, respectively. The case of the petitioner is that his son fell in love with an upper caste girl, Ritu Singh. He eloped with girl and after solemnizing their marriage, for some time they were residing at Delhi. Ritu Singh gave birth to a male child. After the birth of their son, the petitioner’s son and his wife come to their native village on the occasion of Holi Festival in March, 2010. One day, the petitioner’s son along with his wife and son had gone to the place of his wife’s cousin and at that place the people on account of inter-caste marriage of the son of the petitioner with Ritu Singh, brutally killed his wife. Anyhow, the son of the petitioner, Brajesh Kumar, managed to run away from that place along with his son to Mohania, where he 2 tried to institute a case, but the same was not registered by the Officer Incharge of the Police Station, taking plea of jurisdiction. The Officer Incharge of Aurangabad Muffasil Police Station on the basis of his own fard beyan, instituted a case, being Aurangabad Muffasil P. S. Case No. 108 of 2010 under section 302, 201 and 34 of Indian Penal Code as well as 27 of the Arms Act, in which son of the petitioner was also named as an accused no. 2, for killing his wife. This case had been instituted in regard to the murder of Ritu Kumari, wife of Brajesh Kumar. The petitioner has taken this plea that his son has wrongly apprehended and produced before the Magistrate much after 48 hours of his arrest and sent to the judicial custody. Presently he is lodged at Mandal Kara, Aurangabad. The plea of the petitioner is that this is an illegal confinement and in this regard a direction be issued for release of his son. The facts of the present case itself reveal that the son of the petitioner is a named accused in Police Case and as per the judicial order, he has been sent to the Aurangabad Jail. This can not be considered as an illegal confinement. The petitioner 3 can very well pray for regular bail, which will be considered on the merits of the case. This Writ Application is not maintainable and as such it is being dismissed. SKM (Mridula Mishra, J.) (Dharnidhar Jha, J.)