Patna High Court
Golu KumarversusThe State of Bihar through the Chief Secretary, Govt. of Bihar,
- Decided
- Disposal
- DISPOSED
Holding
The court held that Rani Kumari is free to live with her husband as per her own wishes, subject to the petitioner’s and his parents’ undertakings ensuring her safety and dignity.
Summary
The petitioner, Golu Kumar, filed a writ seeking a habeas corpus order to free his wife, Rani Kumari, alleging she was being confined by her parents and deprived of communication. The court initially directed the police to verify her status, but the verification was incomplete, prompting the court to produce the detainee in chambers. Rani Kumari affirmed her marriage to the petitioner and expressed a desire to live with him, while her parents voiced safety concerns. The petitioner and his parents offered affidavits as undertakings to ensure her safety. The court, after hearing all parties, granted her liberty to live with the petitioner, subject to the undertakings, and allowed for interlocutory applications in case of breach. The writ petition was consequently disposed.
Issues considered
- Whether Rani Kumari's confinement by her parents constitutes illegal detention warranting a habeas corpus remedy.
- Whether the court can issue directions to protect the life and liberty of both petitioner and respondent.
- Whether the court can restrain the parents of the respondent from interfering with her matrimonial choices.
- Whether the court can prohibit any matrimonial ceremony without the respondent's free consent.
- Whether affidavits/undertakings by the petitioner and his parents are sufficient to safeguard the respondent's safety.
Subjects
- habeas corpus
- personal liberty
- marriage
- parental interference
- undertakings
- family dispute
- protective orders
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1282 of 2026
======================================================
Golu Kumar, S/o Shashi Bhushan Prasad, Resident of South Mandiri,
Nagpanch Mandir, P.S - Buddha Colony, District- Patna.
... ... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna
2. The Director General of Police, Bihar, Patna
3. The Superintendent of Police, Distt.- Patna
4. The Officer-in-Charge, Gaurichak Police Station, Distt.- Patna
5. Rani Kumari, W/o Golu Kumar Presently residing at Sogi Bagicha, near
Lalan Ji, Nagar Parishad, Ward no. 20, Sampatchak, P.S.- Gaurichak, Distt.-
Patna.
6. Anil Prasad Verma, S/o Not known Residing at Sogi Bagicha, near Lalan Ji,
Nagar Parishad, Ward no. 20, Sampatchak, P.S.- Gaurichak, Distt.- Patna.
7. Rahul S/o Anil Prasad Verma, Residing at Sogi Bagicha, near Lalan Ji,
Nagar Parishad, ward no. 20, Sampatchak, P.S.- Gaurichak, Distt.- Patna.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Saket Tiwary, Advocate
Mr. Anuraj Singh, Advocate
For the State : Mr. Sunil Kumar Mandal, SC-3
Ms. Neelam Kumari, AC to SC-3
Ms. Priya Gupta, AC to AG
Mr. Lokesh Kumar, AC to AG
For the Resp Nos. 5, 6 and 7 : Mr. Kalpana Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE KUMAR MANISH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
4 02-07-2026 This writ application has been preferred seeking the
following reliefs:-
“i) For issuance of a writ in the nature of Habeas
Corpus commanding the respondent authorities
to immediately trace, secure and produce the
detenue Respondent No. 5 namely Rani Kumari
before this Hon’ble Court who is under illegal
confinement and unlawful restraint of
Patna High Court CR. WJC No.1282 of 2026(4) dt.02-07-2026
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Respondent Nos. 6 and 7 and upon such
production to permit this Hon’ble Court to
ascertain her free and independent wishes in an
atmosphere free from pressure, coercion and
influence.
ii) For issuance of a direction to the Respondent
Nos. 1 to 4 to ensure protection of life and
liberty of the petitioner and Respondent No. 5.
iii) For issuance of an appropriate writ, order or
direction restraining Respondent Nos. 6 and 7
from interfering with the liberty, movement and
matrimonial life of the petitioner and
Respondent No. 5.
iv) For issuance of appropriate direction
commanding the respondent authorities to ensure
that no Cheka, Tilak, engagement, marriage or
any other matrimonial ceremony concerning
Respondent No. 5 is performed during pendency
of the present writ petition without her free and
voluntary consent.
v) For issuance of a direction commanding
Respondent Nos. 3 and 4 to forthwith secure the
presence of Respondent No. 5 and submit an
Action Taken Report before this Hon’ble Court.
vi) For grant of any other relief or reliefs for
which the petitioner may be found entitled in the
facts and circumstances of the present case.”
2. It is the case of the petitioner that he has married to
Rani Kumari (respondent no. 5), both of them are adults and
they want to live together but because of the displeasure and
opposition to the marriage by the father and mother of
Patna High Court CR. WJC No.1282 of 2026(4) dt.02-07-2026
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respondent no. 5, he is unable to get access to his wife. This
Court was given to understand that respondent no. 5 has been
confined and the mobile phone of respondent no. 5 had been
taken away so she was unable to communicate freely with the
petitioner.
3. When the matter was listed on 25.06.2026, this
Court passed the following order:-
“The Officer-in-Charge of Gaurichak Police
Station, District-Patna shall personally meet
the lady Rani Kumari (respondent no.5) in her
house and find out the actual position as to
whether she had been kept under confinement
by her parents or that she is living with her
parents with her own will and volition.
2. We would further say that the Officer-in-
Charge of Gaurichak Police Station shall
conduct this verification work by keeping the
things simple and not to use its police vehicle
or the force in course of verification.
3. Let a report be submitted to this Court by
30th June, 2026.
4. Mr. Sunil Kumar Mandal, learned counsel
for the State, shall inform this to the Officer-
in-Charge of the Gaurichak Police Station.
5. List this matter under the same heading
maintaining its position on 30th June, 2026.”
4. On 01.07.2026, this Court noticed that complete
information with regard to the statement of respondent no. 5 had
Patna High Court CR. WJC No.1282 of 2026(4) dt.02-07-2026
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not been made available, therefore, the Court passed an order to
produce the corpus so that the court may interact in presence of
learned counsel for the petitioner and learned counsel for the State.
The order dated 01.07.2026 states as under:-
“In the morning session, when the matter was
taken up for consideration, this Court was not
given complete information, therefore, this
Court requested learned SC-3 to get the corpus
produced in Chambers at 02:15 PM.
In Chamber 2. The corpus has been produced and this Court
at 2:15 PM
has interacted with her in presence of learned
counsel for the petitioner and learned counsel
for the State. The corpus had earlier given a
written statement to the S.I. of Gaurichak
Police Station which was kept in a sealed
envelope, the same has been opened. On
opening of the sealed envelope, it is found that
the corpus admits her marriage with the
petitioner. According to her, she had married
the petitioner on the condition that his family
would accept her but the parents of the
petitioner were not agreeing to keep her in their
house and family. She is willing to live with the
petitioner but only with the consent of his
family members, she would stay in his house.
3. At this stage, learned counsel for the
petitioner informs that the petitioner is also
present in person outside the Chambers,
therefore, we called upon him for interaction.
The petitioner has been identified by his
counsel and we have interacted with him. The
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petitioner submits that his parents are willing to
accept the corpus and they would keep her with
all safety and security.
4. Let this matter be listed tomorrow i.e. on
02.07.2026 in Chambers at 02:15 PM.
5. The petitioner has assured that he will be
present with his parents tomorrow i.e. on
02.07.2026 in Chambers at 02:15 PM.
6. The Officer Incharge of Gaurichak Police
Station shall inform the parents of the corpus
and ask them to be present in the Chambers at
the same time.
7. List accordingly.”
5. Today, besides the learned counsel for the parties, the
petitioner, his parents, namely, Shashi Bhushan Prasad and Anita
Devi, respondent no. 5 and her parents, namely, Anil Prasad Verma
and Kiran Devi are present in Chambers.
6. Ms. Kalpana Singh, learned Advocate (Enrollment
No. 1910 of 2025) undertakes to file the vakalatnama on behalf of
respondent nos. 5 and 6. She is present in Chambers.
7. In presence of all, respondent no. 5 has once again
stated that she wants to live with the petitioner. Her parents have
some apprehension with regard to her safety and security and they
want that this Court should ensure that respondent no. 5 may live
with the family of the petitioner in safe family environment.
8. The petitioner and his parents are ready to furnish
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undertakings. Mr. Anuraj Singh, learned counsel representing the
petitioner submits that he will be filing the undertakings in form of
affidavits of the petitioner and his parents in course of the day
which will be taken on the record.
Before the order is signed, the affidavits have been filed.
This Court has perused the same.
9. In the aforesaid view of the matter, this Court sets
a-free respondent no. 5 to go as per her desire and live her life
according to her wishes. The undertakings in form of affidavits of
the petitioner and his parents shall ensure that respondent no. 5
shall be allowed a happy stay in the family of the petitioner and
that she would be kept with all respect and dignity.
10. This Court grants liberty to respondent nos. 5 and
her parents, namely, Anil Prasad Verma and Kiran Devi to make a
short application before this Court in this very case by way of an
interlocutory application, if any breech of undertaking takes place.
In such case, on filing of the interlocutory application in this case,
the same will be listed immediately before this Court.
11. This writ application stands disposed of accordingly.
(Rajeev Ranjan Prasad, J)
(Kumar Manish, J)
SUSHMA2/-
U
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