MADAN KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this criminal writ 'habeas corpus' petition under Article 226 of the Constitution of India, petitioner, Madan Kumar Jha, a school teacher, has sought for a direction of this Court for production of his three minor daughters from the custody of respondent No. 3, Shankar Thakur alias Babloo Thakur on the premises that his legally wedded wife, Veena Devi, is staying with respondent No. 3, and his children are with them.

(2.) It is the allegation that these three minor female children of the petitioner, allegedly, are in unlawful detention of respondent No. 3. Following aspects, which have material bearing and relevance on the merits of the issue involved and are virtually not in controversy, may be highlighted at the outset:-

(3.) The petitioner has now filed the instant writ petition by invoking the provisions of the writ of habeas corpus, under Article 226 of the Constitution of India, reiterating the same grounds for claiming the custody of the minor daughters despite the fact that in the proceedings, before the two competent Courts, the children and the wife have not shown the slightest inclination in favour of the father/husband-petitioner.