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Patna High Court

Prince KumarversusThe State of Bihar through the Director General of Police, Bihar, Patna.

Decided
Disposal
DISMISSED

Holding

The writ of habeas corpus was dismissed as the alleged detainee was found to be residing voluntarily with her parents.

Summary

Prince Kumar filed a writ of habeas corpus seeking the production of his wife, Shilpa Kumari, alleging she was being illegally detained by her parents (respondents No.7 and 8). The petitioner claimed the wife had voluntarily left her parental home to live with him, and sought protection against intimidation. The Court asked for the magistrate's order and the victim's statement, and directed the police to verify the facts on the ground. The magistrate's order and police report showed that Shilpa Kumari expressed a desire to stay with her mother and that she was living with her parents of her own free will. The Court held that, since the alleged detainee was not being held against her will, a writ of habeas corpus could not be entertained and dismissed the petition.

Issues considered

  • Whether a writ of habeas corpus can be issued when the alleged detainee is voluntarily residing with her parents.
  • Whether the petitioner’s claim of illegal confinement of his wife is substantiated by evidence.
  • Whether the court can order protection for the petitioner and the alleged detainee in such circumstances.

Subjects

  • habeas corpus
  • illegal detention
  • voluntary residence
  • marriage dispute
  • protective order
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Writ Jurisdiction Case No.1187 of 2026
                     Arising Out of PS. Case No.-399 Year-2025 Thana- PARSABAZAR District- Patna
                 ======================================================
                 Prince Kumar Son of Shambhu Kumar Resident of New Atwarpur, Kurthaur,
                 Police Station- Parsa Bazar, District- Patna, Bihar.

                                                                                 ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Director General of Police, Bihar, Patna.
           2.    The Inspector General of Police, Central Range (Patna), Bihar. Bihar
           3.    The Deputy Inspector General of Police, Central Range (Patna), Bihar. Bihar
           4.    The Senior Superintendent of Police, Patna, Bihar. Bihar
           5.    The Superintendent of Police, Patna, Bihar. Bihar
           6.    The Officer-in-charge, Parsa Bazar Police Station, Patna, Bihar Bihar
           7.    Kunal Kumar Son of Julus Rai Resident of village- Atwarpur, Police
                 Station- Parsa Bazar, Patna, Bihar.
           8.    Sona Devi Wife of Kunal Kumar Resident of village- Atwarpur, Police
                 Station- Parsa Bazar, Patna, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr.Rahul Kumar Dubey, Advocate
                                                   Mr. Kumar Prateek, Advocate
                                                   Mr. Shashi Ranjan Kumar, Advocate
                                                   Mr. Aman Ashish, Advocate
                                                   Mr. Sachin Kumar, Advocate
                 For the State              :      Mr. Abhinav Alok, AC to 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   18-06-2026                    Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                 2. Petitioner in the present case is seeking the

                   following reliefs:-

                                        "(i) In the nature of Habeas Corpus directing and
Patna High Court CR. WJC No.1187 of 2026(3) dt.18-06-2026
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                           commanding the Respondents herein to forthwith
                           produce before this Hon'ble Court the person and
                           body of the Corpus, namely Shilpa Kumari, the
                           lawfully wedded wife of the Petitioner, who is
                           being illegally and unlawfully detained and
                           confined by the Respondents No. 7 to 8 at the
                           paternal residence of the Corpus situated at village-
                           Atwarpur, Police Station- Parsa Bazar, Patna, Bihar.
                           (ii) Directing the concerned Respondents to extend
                           adequate protection and security to the Petitioner as
                           well as the Corpus against any acts of criminal
                           violence, intimidation or threats to their life and
                           limb at the hands of or at the instance of
                           Respondents No. 7 to 8.
                           (iii) And/or for such other order or orders, direction
                           or directions, relief or reliefs as this Hon'ble Court
                           may deem just, fit and proper in facts and
                           circumstances of the present case."
                       3. In course of hearing of the writ application on

          15.06.2026, the petitioner claimed that he married with the

          corpus but the corpus has been kept confined by her parents.

          Learned counsel further made a statement at the bar that after

          the parents of the corpus lodged Parsa Bazar P.S. Case No.399

          of 2025 against the petitioner, the corpus was recovered and was

          produced before the learned Magistrate where she made a

          statement that she had voluntarily and out of her own very will

          left her house and that she desires to live with the petitioner.

                       4. Taking note of the submissions of learned counsel
Patna High Court CR. WJC No.1187 of 2026(3) dt.18-06-2026
                                            3/4




          for the petitioner, this Court called upon learned counsel for the

          petitioner to produce the copy of the statement of the girl and

          the copy of the order of the learned Magistrate which may have

          been passed on the date of the production of the girl.

                       5. This Court also directed the officer in-charge of

          Parsa Bazar police station to verify the correctness of the

          statement made by the petitioner by visiting the place of the

          parents of the corpus in their village and after meeting with the

          corpus.

                       6. Today, learned counsel for the petitioner has

          produced certified copy of the order dated 30.10.2025 passed by

          the learned Magistrate. On going through the said order, this

          Court finds that when the victim girl was produced before the

          learned Magistrate, she expressed her desire to go with her

          mother. In the margin portion of the order-sheet, she had

          recorded in her own pen that she was going with her mother on

          her own will and volition.

                       7. The officer in-charge of Parsa Bazar police station

          has also submitted a letter addressed to the Assistant Registrar

          of this Court wherein he has stated that he met the victim/corpus

          on 16.06.2026 in her house at village-Aitwarpur. She made a

          statement that she was happily living with her marriage. In her
               Patna High Court CR. WJC No.1187 of 2026(3) dt.18-06-2026
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                         written information submitted to the officer in-charge, she has

                         stated that she has no pressure from her parents and she wants to

                         get married with the consent of her parents.

                                      8. In the kind of the materials which have surfaced

                         before this Court, we find that the statement made by learned

                         counsel for the petitioner on 15.06.2026 that the corpus had

                         voluntarily and out of her own very will left her house and she

                         desired to live with the petitioner was not a correct statement of

                         fact. Once it is found that the victim/corpus is living with her

                         parents on her own will and volition, a writ of habeas corpus

                         cannot be entertained. In fact, in the opinion of this Court,

                         filing of the writ application is ill-advised.

                                      9. This writ application is dismissed.



                                               (Rajeev Ranjan Prasad, J)


                                                    ( Kumar Manish, J)
arvind/-

U          T


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