IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.18 of 2009 RAMAN KISHORE MAHROTRA son of Raj Kishore Mahrotra, resident of village East Kanulal Road, P.S. Jakkanpur, District Patna … … Petitioner Versus 1. STATE OF BIHAR through the Chief Secretary, Government of Bihar, Patna 2. The Senior Superintendent of Police, Patna 3. The City Superintendent Of Police, Patna 4. The Dy.S.P., Kankarbagh, Patna 5. The Officer-in-charge of Jakkanpur Police Station, Patna … … Respondents For the petitioner: Mr. Vijay Kr.Sinha For the State: Mr. M.K.Mishra, G.P.21 ----------- 3. 28.2.2009 This writ application has been filed for issuance of an appropriate writ for recovery of the kidnapped wife and children of the petitioner. It is the allegation of the petitioner that he has lodged Jakkanpur P.S.Case No. 237 of 2008 under Section 365/34 of the Indian Penal Code for kidnapping of his wife and children but no effort is being made for their recovery. A counter affidavit has been filed on behalf of the respondent State in which it has been stated that the petitioner’s wife is living with a relation of her along with the 2 children. The statement of the petitioner’s wife has also been recorded under Section 164 of the Code of Criminal procedure. From reading of the statement of the petitioner’s wife, we are of the opinion that it could not be said that the petitioner’s wife and children have illegally been confined. In view of the aforesaid, the prayer made by the petitioner to trace out his wife and children is absolutely misconceived. However, this will not preclude the petitioner from taking recourse to any other remedy available to him in law. This application stands dismissed with the observation aforesaid. Kanth ( C.K.Prasad, A.C.J.) ( Dharnidhar Jha, J.)