Patna High Court
Raushan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The application for habeas corpus was dismissed as there was no illegal confinement.
Summary
Petitioner Raushan Kumar Singh filed a writ of habeas corpus seeking the production of his wife and minor child before the Patna High Court. The State, represented by counsel, submitted that the alleged victim had been recovered and had voluntarily left her house, with her statement recorded under Section 183 of the B.N.S.S. 2023. The counsel argued that no illegal confinement existed, rendering the writ unnecessary. The Court examined the case diary and found no basis to entertain the petition. Consequently, the Court disposed of the application without any further order, effectively dismissing the habeas corpus claim.
Issues considered
- Whether the alleged confinement of the petitioner’s wife and minor child amounts to illegal detention warranting a writ of habeas corpus
- Whether the victim’s statement under Section 183 of the B.N.S.S. 2023 negates the claim of illegal confinement
Legislation cited
- B.N.S.S., 2023 — s. 183
Subjects
- habeas corpus
- illegal confinement
- Section 183
- B.N.S.S. 2023
- criminal writ jurisdiction
- petition dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.109 of 2026
Arising Out of PS. Case No.-247 Year-2024 Thana- PAKRIDAYAL District- East Champaran
======================================================
Raushan Kumar Singh S/o Nand Kishor Singh Resident of - 103, Ibrahim Pur
Birhima, Motipur, P.S - Ibrahimpur Birhima, Birahima Bazar, District-
Muzaffarpur and Presently Resident of - C/o Nand Kishor Singh, Flat No. 77,
Rajiv Ratna Awas, DSIDC, BLK - B, Narela, North West Delhi, Delhi -
110040
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Home Secretary, Department of Home, Patna Bihar
3. The Superintendent of Police, Sheohar Bihar
4. The Station House Officer, Shyampur, Bhatha Bihar
5. Mr. Shivanand Chauhan S/o Krishan Chandra Singh R/o Village - Shyampur
Bhatha, P.S - Shyampur Bhatha, District - Sheohar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. A.G.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
4 10-03-2026 None appears on behalf of the petitioner.
2. Following is the relief sought for in the present writ
application:-
“1. That by this application, the
Petitioner is invoking the writ jurisdiction of this
Hon’ble Court in the nature of writ of Habeas
corpus for grant relief and produce the wife and
minor child before this Hon’ble court.”
Patna High Court CR. WJC No.109 of 2026(4) dt.10-03-2026
2/2
3. Learned counsel for the State submits that the
victim has already been recovered. The statement of the victim
has been recorded under Section 183 of B.N.S.S. 2023, wherein
she has stated that she had left her house of her own will.
Hence, the question of illegal confinement does not arise. The
extract of the case diary has been placed before this Court. The
same be marked as ‘X’ and be made part of the record.
4. Considering the facts as indicated above, no further
order is required to be passed in the present application.
5. Accordingly, the present application stands
disposed of.
6. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Sunil Dutta Mishra, J)
Sachin/-
U
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