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
2/4
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
4/4
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.