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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

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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