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Patna High Court

Deepak KumarversusThe State of Bihar through the Home Secretary, Govt. of Bihar, Patna

Decided
Disposal
DISPOSED

Holding

The Court held that a writ of habeas corpus cannot be entertained where the spouse is voluntarily living with her parents, as such matters are outside the extraordinary writ jurisdiction.

Summary

Petitioner Deepak Kumar filed a writ petition seeking a habeas corpus order to produce his wife (Respondent No.9) and child, alleging the wife was kidnapped and had been missing since 12 February 2026. The petitioner had lodged a police case under Section 87 of the Bihar Police Act. During the hearing, counsel for the petitioner disclosed that the wife was actually residing with her parents, known to the petitioner. The State, through the Advocate General, argued that a habeas corpus writ is inappropriate where the alleged missing person is voluntarily living elsewhere. The Court agreed, holding that the writ jurisdiction does not extend to matters of restitution of conjugal rights or child custody when the spouse is voluntarily absent, and dismissed the petition.

Issues considered

  • Whether a writ of habeas corpus can be issued when the alleged missing person is voluntarily residing with her parents and known to the petitioner.

Legislation cited

Subjects

  • habeas corpus
  • writ jurisdiction
  • voluntary absence
  • restitution of conjugal rights
  • child custody
  • marital dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.1093 of 2026
                     Arising Out of PS. Case No.-141 Year-2026 Thana- SITAMARHI District- Sitamarhi
                 ======================================================
                 Deepak Kumar S/o Jagdish Prasad R/o Mohalla- Sonapatti, Ward No-10, East
                 of Janki Temple, P.O and P.S -Sitamarhi, Distt.- Sitamarhi, At present R/o
                 village - Lakshman Nagar, ward no. 14, Sitamarhi Town, near Sita and
                 Mahindra Coaching, P.O. and P.S.- Sitamarhi, District- Sitamarhi
                                                                              ... ... Petitioner
                                                    Versus
           1.     The State of Bihar through the Home Secretary, Govt. of Bihar, Patna
           2.    The Director General of Police, Bihar, Patna-1.
           3.    The Inspector General of Police (Tirhut Commissionary, Muzaffarpur)
           4.    The Deputy Inspector General of Police (Trihut Commissionary,
                 Muzaffarpur).
           5.    The District Magistrate, Sitamarhi
           6.    The Superintendent of Police, Sitamarhi
           7.    The Officer-in-Charge, Sitamarhi, Distt.- Sitamarhi
           8.    Jaylash Devi W/o Ravindra Das NA
           9.    Premshila Kumari S/o Ravindra Sah R/o vill - Nayamthullahapur, ward no.
                 14, Post - Yogwana, besides the pool, P.S.- Bathnaha, Distt.- Sitamarhi
           10. Ravindra Das S/o Not known R/o vill - Nayamthullahapur, ward no. 14, Post
               - Yogwana, besides the pool, P.S.- Bathnaha, Distt.- Sitamarhi
           11. Kamlesh Sah S/o Ravindra Sah R/o vill - Nayamthullahapur, ward no. 14,
               Post - Yogwana, besides the pool, P.S.- Bathnaha, Distt.- Sitamarhi
           12. Sunil Das S/o Jiya Lal Sah R/o vill - Khabara, Block- Mushahari, P.S.-
               Muzaffarpur Town, Distt.- Sitamarhi, Elder Borther of Victim

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Devendra Kumar, Advocate
                 For the State            :        Mr. S.D. Sanjay, A.G.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE MR. JUSTICE KUMAR MANISH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

3   30-06-2026                  Heard learned counsel for the petitioner and learned

                   Advocate General for the State.

                                2. This writ application has been preferred for the
Patna High Court CR. WJC No.1093 of 2026(3) dt.30-06-2026
                                            2/3




          following reliefs:-

                                   “i) For issuance of writ in nature of Habeas
                                   Corpus and directing and commanding the
                                   Respondent authorities to produce the
                                   respondents No.9 along with his child in
                                   which unknown person has kidnapped etc.
                                   wife of the petitioner (Respondent No. 9) has
                                   traceless from 12.02.2026. Whereby and
                                   whereunder       the     petitioner   has   lodged
                                   Sitamarhi P.S. Case No. 141/2026 registered
                                   U/S 87 of BNS as well as also filed
                                   representation before the authorities but the
                                   authorities have not taken appropriate steps
                                   with regard to recovery of respondent no. 9.
                                   ii) Any other relief/reliefs as your Lordships
                                   may deem fit and proper.”


                      3. It appears on perusal of the writ application that the

          wife of the petitioner has left the house of the petitioner with her

          child. Although in the writ application, the petitioner has given

          an impression that his wife is traceless but in course of hearing

          of the writ application, learned counsel for the petitioner has, on

          query made by this Court, stated that the wife of the petitioner is

          presently living with her parents.

                      4. Learned AG for the State submits that in such a

          case where the wife has left her husband’s place and is living

          with her parents which is known to the husband, a Writ of

          Habeas Corpus would not be maintained.
          Patna High Court CR. WJC No.1093 of 2026(3) dt.30-06-2026
                                                      3/3




                                5. We agree with the submissions of learned AG for

                    the State. This Court is not dealing with a case for restitution of

                    conjugal rights or for custody of the child. In a Writ of Habeas

                    Corpus, this Court would not exercise its extraordinary writ

                    jurisdiction in a matter where the wife of the petitioner is

                    knowingly living with her parents. The petitioner is at liberty to

                    apply for appropriate remedy, as may be advised to him.

                                6.    This     writ     application   stands   disposed   of

                    accordingly.



                                          (Rajeev Ranjan Prasad, J)


                                               ( Kumar Manish, J)
lekhi/-

U


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