IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.622 of 2009 Srimati Nilam Kumari, wife of Sri Rajendra Mehta, Ex-Army Officer, resident of Village- Baijnathpur, P.S. Saur Bazar, District- Saharsa, at present residing at M.I.G. House No.181, Hanuman Nagar, P.S. Patrakar Nagar, District- Patna -------- Petitioner. Versus 1. The State of Bihar, through the Home Secretary, Government of Bihar, Old Secretariat, Patna. 2. The Superintendent of Police, Khagaria. 3. The Deputy Superintendent of Police, Khagaria. 4. The Officer-in-charge of the Police Station, Gogri (Mahesh Khut), District-Khagaria. 5. Srimati Sahodri Devi, wife of late Yogendra Pd. Singh, resident of Chandi Tola Banni, P.S. Gogri, District-Khagaria. 6. Arpita Kumari, wife of Alok Kumar Singh, resident of Chandi Tola Banni, P.S. Babu Bagicha, P.S. Gogri (Mahesh Khut), District- Khagaria. 7.Alok Kumar Singh, son of late Yogendra Prasad Singh, resident of Chandi Tola Banni, P.O. Babu Bagicha, P.S. Gogri, District-Khagaria. 8. Navin Kumar, son of Sri Prayag Narain Singh, resident of Budhora, P.S. Alouli, District-Khagaria. 9. Sanjay Kumar Verma, son of Ram Charitra Verma, resident of Chandra Nagar (Rako), P.S. Khagaria, District- Khagaria. 10. Rajesh Kumar, son of Mahendra Singh, resident of the Town of Khagaria, District-Khagaria. 11. Mahendra Singh, son of late Rameshwar Singh, resident of Naya Nagar Banni, District-Khagararia. 12. Kumar Nandan, son of Satya Devi Singh, resident of Naya Nagar Banni, District-Khagaria. 13. Pramod Singh, son of late Pyarelal Mahto, resident of Budhaura, P.S. Alauli, District-Khagaria. 14. Chandra Shekhar Singh, son of Kotik Singh, resident of Khoranan, District-Khagaria ---- Respondents. ----------- 2. 12.8.2009 Heard Mr. Dhirendra Kumar for the petitioner, and learned Assistant Counsel to Government Pleader No.1. The petitioner is the daughter of respondent no.5 (a widow), and respondent no.7 is the son of respondent no.5. In other words, the petitioner and respondent no.7 are full brother and sister. The petitioner alleges that respondent no.5 was happily living with her (the petitioner), and respondent no.7 has forcibly taken away respondent no.5 to his own 2 house, in conspiracy with respondent no.6 and 8 to 14, with ulterior motives. It is, therefore, prayed that respondent no.5 be restored to the custody and possession of the petitioner who, on account of natural love and affection, will take full care of her mother in the evening of her life. On a perusal of the materials on record and consideration of the submissions of learned counsel for the parties, it appears to us that this is a family dispute. Respondent no.7 is after all the son of respondent no.5. The allegation whether or not respondent no.7 is ill- treating respondent no.5, or has taken her to his house for depriving her of the family properties, is an issue of fact and can not be entertained in writ jurisdiction. The petitioner is, therefore, left to his remedies in accordance with law. The writ petition is accordingly disposed of. Vinay/ ( S. K. Katriar ,J. ) ( Jyoti Saran, J. )