Patna High Court
Vikash KumarversusThe State of Bihar through Principal Secretary, Home (Police Deptt.), Patna,
- Decided
- Disposal
- DISPOSED
Holding
The writ application is dismissed as infructuous because the respondent is not under confinement.
Summary
The petitioner, Vikash Kumar, filed a writ petition alleging that Soni Kumari, a second‑year graduate student and respondent No.10, was being confined against her will. The court examined the presence of Soni Kumari, her parents, and the petitioner’s uncle, and heard that Soni Kumari lives with her parents and wishes to continue doing so. The court found that she is not under any confinement or unlawful restraint. Consequently, the writ petition could not proceed and was deemed infructuous. The petitioner also assured the court that the mobile phone and documents of Soni Kumari would be returned immediately.
Issues considered
- Whether the writ petition is maintainable when the alleged respondent is not under confinement
- Whether the writ application should be dismissed as infructuous
Subjects
- writ jurisdiction
- confinement
- infructuous
- Article 226
- personal liberty
- petition dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1095 of 2026
Arising Out of PS. Case No.-315 Year-2026 Thana- MANER District- Patna
======================================================
Vikash Kumar S/o Kamla Paswan R/o village - Ahiapur, Gyaspur, P.O. -
Maner, P.S.- Maner, District- Patna
... ... Petitioner
Versus
1. The State of Bihar through Principal Secretary, Home (Police Deptt.), Patna,
Bihar
2. District Magistrate, Patna, Bihar
3. Director General of Police, Patna, Bihar
4. Inspector General of Police, Patna, Bihar
5. Senior Superintendent of Police, Patna, Bihar
6. Superintendent of Police, West, Patna, Bihar
7. The SHO, Maner Police Station, Patna, Bihar
8. Devendra Kumar S/o Chandeshwar Mahto R/o vill - Ahiapur, Gyaspur, P.S.-
Maner, Distt.- Patna, Bihar
9. Anita Devi W/o Devendra Kumar R/o vill - Ahiapur, Gyaspur, P.S.- Maner,
Distt.- Patna, Bihar
10. Soni Kumari W/o Vikash Kumar, D/o Devendra Kumar R/o vill - Ahiapur,
Gyaspur, P.S.- Maner, Distt.- Patna, Bihar
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Munish Kumar, Advocate
Ms. Minakshi Kumari, Advocate
For the State : Mr. Sarvesh Kumar, AAG-13
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE KUMAR MANISH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
3 17-06-2026 Heard learned counsel for the parties.
2. Pursuant to the order dated 15.06.2026, Respondent
No. 10, namely, Soni Kumari has been produced by Mr. Sanjay
Kumar Chaudhary, S.I. of Maner Police Station. Respondent
Patna High Court CR. WJC No.1095 of 2026(3) dt.17-06-2026
2/3
Nos. 8 and 9 are also present with the Respondent No. 10. They
are the parents of Respondent No. 10.
3. The petitioner Vikash Kumar and his uncle Manoj
Kumar are present in person with their lawyer.
4. In presence of learned counsel for the parties, this
Court has interacted with Soni Kumari (Respondent No. 10)
who is a student of Graduation Second Year. She has
categorically stated that she is living with her parents and
desires to stay with them.
5. For purpose of considering the present writ
application, we are not concerned with other aspects of the
matter which have been contended by the petitioner and the
private respondents. Suffice is to say that the Respondent No. 10
is not under confinement.
6. In such circumstance, this writ application cannot
proceed further. It is disposed of as having become infructuous.
7. Before we part with this order, it is recorded that
the petitioner has assured this Court that he will return the
mobile phone and the documents of Soni Kumari (Respondent
No. 10) today itself through his Uncle Manoj Kumar. Mr. Manoj
Kumar is also present and has assured that he will make
available the mobile phone and the documents of the
Patna High Court CR. WJC No.1095 of 2026(3) dt.17-06-2026
3/3
Respondent No. 10 immediately after reaching home.
8. This writ application stands disposed of
accordingly.
(Rajeev Ranjan Prasad, J)
(Kumar Manish, J)
lekhi/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.