Yogendra Kumar Srivastava,J. - (1.) Heard Sri Brijesh Kumar Mishra, learned counsel for the petitioners, Sri Vinod Kant, learned Additional Advocate General alongwith Sri Arvind Kumar, learned Additional Government Advocate appearing for the State - respondents and Sri Lihazur Rahman Khan appearing alongwith Sri Araf Khan, learned counsel for the respondent no.4.
(2.) The present petition for a writ of habeas corpus has been filed with the following prayers:- "1. Issue a writ, order or direction in the nature of Habeas Corpus directing the respondents to produce the petitioner no.1 and 2 before this Hon'ble court and save the right of personal liberty of the corpus from the illegal detention of respondent no.4. 2. Issue a writ, order in the nature of mandamus directing the respondents to give the custody of petitioner no.1 and 2 to the petitioner as he has the father and natural guardian of petitioner no.3."
(3.) The petitioner no.3 claims to be the father and natural guardian of the petitioner nos.1 and 2 (aged about six years and two years respectively). It is contended that the wife of the petitioner no.3 expired on 27.05.2020 and thereafter, the petitioner nos.1 and 2 were taken away by the respondent no.4 (father of the deceased wife). Counsel for the petitioners contends that the custody of the petitioner nos.1 and 2 with the respondent no.4 is illegal and that the custody of the aforesaid petitioner nos.1 and 2 be handed over to the petitioner no.3.;