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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
Patna High Court CR. WJC No.1282 of 2026(4) dt.02-07-2026
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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
        Patna High Court CR. WJC No.1282 of 2026(4) dt.02-07-2026
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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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