IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.856 of 2011 Seema Kumari, wife of Sarwan Kumar, resident of Village-Karihia, P.O.- Balaha, P.S.-Rajnagar, District-Madhubani. –Petitioner. VERSUS 1. The State of Bihar. 2. The Director General of Police, State of Bihar, Patna. 3. Deputy Inspector General of Police, Darbhanga Range, Darbhanga. 4. The Superintendent of Police, Madhubani. 5. The Officer-in-Charge, Rajnagar Police Station, District-Madhubani. 6. Sri Lala Prasad Gupta, Son of Late Suraj Prasad Gupta, R/o-Vill.-Kasiona, P.S.-Rajnagar, District-Madhubani. –Respodnetns. ----------- 02 02.09.2011 By this writ application, the petitioner seeks relief which this Court is unable to grant. She seeks the release of her father- in-law from judicial custody. The petitioner alleges that out of her own free will she had eloped with one Sarwan Kumar and married. Her father then instituted a case being Rajnagar P.S. Case No.151/2011 dated 18.08.2011 under Sections-366/366A/120 B of the Indian Penal Code, allegedly, in respect of her kidnapping by her father-in-law, husband and others. It is pursuant to this case, as registered by the police, the father-in-law is in custody. Petitioner states that even though the entire accusation as made in the F.I.R. is false and motivated by her father, she is not in a position for fear to her life and safety to even go to Madhubani to the rescue of her husband or father-in-law. In our view, as the father-in-law is in custody, pursuant to an order of judicial remand, it would be open for him to seek her remedies, as she may be entitled, as per law. Similar, would be the situation so far as her husband is concerned, in case, she 2 thinks it appropriate to go to Madhubani, the Superintendent of Police, Madhubani would ensure her safety and, if necessary and advisable, her production before appropriate Judicial Magistrate for recording her statements under Section-164 Cr.P.C. She may alternatively move the learned Chief Judicial Magistrate, Madhubani through Lawyer, bringing the facts to the notice of the Court because unless upon investigation or otherwise, as found by the Court, the fact is not accepted, the Court or the police is duty bound to proceed in the matter. Therefore, it would be appropriate for the petitioner to take steps accordingly but surely no relief in that matter can be granted by this Court in the present. This writ application is, accordingly, disposed of. Trivedi/ (Navaniti Prasad Singh, J.) (Ashwani Kumar Singh, J.)