A. Zaman Khan Kamal vs State of Bihar and Others

This habeas corpus petition has originated upon a telegram sent to this Court saying that the son of the petitioner, Badmzzaman Khan alias Bobby, has been taken away by the officers-in-charge of Laheriasarai and Keoti Police Stations, though he is not required in any criminal case.

A counter-affidavit has been filed on behalf of the State stating therein that the son of the petitioner, Badmzzaman Khan alias Bobby was apprehended on 28.1.2002 in a Bank dacoity case pursuant to Station Diary Entry No. 442 dated 28.1.2002 and he was forwarded for his production before the Chief Judicial Magistrate, Darbhanga on 29.1.2002, but he could not be produced on that day, as there had been break down of the bus in the mid-way and on the next day i.e. 30.1.2002 the son the petitioner was produced before the Chief Judicial Magistrate, Darbhanga and he was remanded to judicial custody. It is further stated in the counter-affidavit that prayer for bail of the son of the petitioner has recently been rejected by the learned Chief Judicial Magistrate, Darbhanga on 1.2.2002.

We are satisfied with the materials produced before us by way of counter affidavit that the son of the petitioner is an accused and pursuant to that, as referred to above, he was produced before the Court and at present, he is in judicial custody.

In this view of the matter, no further action is required to be taken in the matter.

This application is, accordingly, dismissed.