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2011 DIGILAW 1562 (PAT)

Arvind Kumar v. State of Bihar

2011-07-27

body2011
ORDER Petitioner prays for a writ in the nature of Habeas Corpus. 2. Petitioner states that he is an engineer and was married to respondent no.4 on 04.05.2009. The marriage was an arranged marriage. After sometime when respondent no.4 went back to her maternal house, petitioner was abused and thereafter she hat not returned. Petitioner alleges that she is wrongfully restrained and confined by her parents who are influential people. He, thus, submits that this Court may take steps for production of the girl in the Court. 3. In our view, coming to this Court and, that too, after such a long time praying for a writ of Habeas Corpus is misconceived. Petitioner has got several independent statutory remedies. If it is a case of illegal confinement or wrongful confinement then Sections-339, 340 & 341 of the Indian Penal Code provides for the same. The petitioner can take recourse of these provisions. Further if it is again, as alleged, a case of wrongful confinement then there is ample provision made in the Code of Criminal Procedure, being Sections-97 & 98 thereof, where petitioner can petition to the District Magistrate or Sub-Divisional Magistrate or Magistrate of a First Class stating the facts and requiring them to take suitable actions. If these two provisions are not enough then the petitioner has remedy by way of filing an application before the Principal Judge, Family Court in terms of Section-9 of the Hindu Marriage Act for restitution of conjugal rights where the Court has authority to call the girl or to take a decision in the matter. 4. In that view of the matter, the petitioner not having attempted any of those remedies, we are not inclined to interfere in this matter. We leave it to the petitioner to seek redressal from those forums and approach this Court when he unsuccessful in availing these remedies. 5. This writ application is dismissed.