KAUSHALYA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. This writ petition for habeas corpus has been filed by the petitioner for production of his son, Suraj Bhan Singh, on account of illegal detention by the Police.

(2.) It is alleged that the petitioner's son, Suraj Bhan Singh, has been detained by the Police as Lallan Jha son of Shibu Jha with ulterior motive to kill him. However, in supplementary affidavit it has been stated that the petitioner's son, Suraj Bhan Singh, himself has given out his name as Lallan Jha when he was arrested by Police on 10.5.1998 in Laheri P.S. 61 of 1998 under Section 420 of the Indian Penal Code and Section 11 of the Gambling Act It is alleged that the petitioner's son gave false name as Lallan Jha on account of apprehension that on disclosure of correct name he would be liquidated According to the averments made in the supplementary affidavit it is borne out that the petitioner's son is being detained in Judicial Custody not only in the said Laheri P.S. Case No. 61 of 1998 but also in Mokamah (Patna) P.S Case No. 94 of 1997. Apart from the said case production warrant in respect of other case from Begusarai is also said to have been issued. In these circumstances, there remains no case now that the petitioner's son is being held in custody illegally without any authority Consequently, no case is made out for issuance of writ in the nature of habeas corpus. In supplementary affidavit the petitioner has expressed apprehension that her son, Suraj Bhan Singh, may be killed by Police by showing fake encounter while taking him from jail to Court. It is further alleged that petitioner's son has great apprehension on his life at the hands of another criminal Sanjay Singh who was also detained in Jail at Barh where the petitioner's son was detained. It is further alleged that many politicians are also against petitioner's son and the U.P Police is also after him and the petitioner's son apprehends that he may be liquidated by Police, at the instance of his rivals and politicians, who are against him, apart from the U.P. Police. The petitioner seeks protection of the life of her son and prays that proper protection be provided to the petitioner's son while taking out from the Jail. Another allegation is made that petitioner's son is sought to be taken by Police on Police remand in connection with murder of Sri Brij Bihari Prasad, former Minister and M.L.A. of Bihar, only in order to kill him by showing fake encounter as the petitioner's son was not named as an accused in the first information report lodged for the murder of Sri Brij Bihari Prasad.

(3.) In the counter -affidavit the allegations of illegal detention and apprehension to the life of petitioner's son have been denied. A list of cases has been given in the counter affidavit which shows that the petitioner is said to be involved in fourteen cases which include offences of murder, attempt to murder, extortion and other offences. He has been stated to be a dreaded criminal.