IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.48 of 2011 AASIF JAHID, SON OF LATE ABDUL KHALID, RESIDENT OF MOHALLA PAKKI SARAI ROAD CHANARA GOLAN GALI, POLICE STATION TOWN, DISTRICT – MUZAFFARPUR. ………………. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SUPERINTENDENT OF POLICE, MUZAFFARPUR. 3. THE OFFICER-IN-CHARGE, TOWN POLICE STATION, MUZAFFARPUR. 4. SABBIR AHMAD, SON OF LATE MD. IDRIS RESIDENT OF MOHALLA TINKOTHIYA, POLICE STATION MITHANPURA, DISTRICT –MUZAFFARPUR. 5. MEHAR JANHI D/O SABBIR AHMAD RESIDENT OF MOHALLA TINKOTHIYA, POLICE STATION MITHANPURA, DISTRICT – MUZAFFARPUR. 6. MD. MUSTAK AHMAD, SON OF LATE WASHI MOHAMAD RESIDENT OF MOHALLA METHURAPUR, POLICE STATION WARIS NAGAR, DISTRICT – SAMASTIPUR. ………………….. RESPONDENTS. ----------- 02/ 17.01.2011 This application has been filed by the petitioner for issuance of writ of habeas corpus directing the respondents to produce Mehar Janhi (Respondent No. 5), who is his wife. Petitioner’s case is that Respondent No. 5 has been kept in illegal detention by her father and other relatives with an intention to torture her and also to solemnize her other marriage. Documents have been annexed by the petitioner along with the writ application. One of them is consented resolution arrived in between the petitioner, Respondent No. 5, petitioner’s father-in-law and other respondents. As per this resolution with the consent of the petitioner Mehar Janhi had gone in the company of her uncle (Respondent No. 6) Md. Mustak Ahmad. It was 2 decided that until the matter in between the parties will be settled Mehar Janhi will live with her uncle. No case is made out in the writ application indicating that Respondent No. 5 is in illegal confinement of any of the respondents, rather it was a temporary arrangement made with the consent of the parties including the petitioner. Despite the fact, if the petitioner has apprehension regarding forceful separation of his wife, he has option by filing an application for restitution of conjugal rights before appropriate forum i.e. Principal Judge of the Family Court of the concerned district. This application is dismissed. DKS/ (Mridula Mishra, J.) (Dharnidhar Jha, J.)