Patna High Court
Vikash Kumar ChaubeyversusThe State of Bihar through the Director General of Police, Bihar, Patna, Patel Bhawan, Bailey Raod,
- Decided
- Disposal
- DISMISSED
Holding
The writ application fails and is dismissed.
Summary
The petitioner, Vikash Kumar Chaubey, filed a criminal writ petition before the Patna High Court seeking relief for a female corpus who alleged she was being pressured to marry and wished to live with her parents. The corpus's statement, recorded before a Sub-Inspector, indicated her desire to stay with her parents. The Court examined the corpus's testimony and found no basis to grant the writ. Consequently, the petition was dismissed and the corpus was ordered to return to her parents.
Issues considered
- Whether the writ petition seeking protection of the corpus's personal liberty and right to live with her parents is maintainable under the High Court's criminal writ jurisdiction.
Subjects
- writ jurisdiction
- personal liberty
- marriage pressure
- protective order
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1345 of 2026
Arising Out of PS. Case No.-322 Year-2026 Thana- BUXAR COMPLAINT CASE District-
Buxar
======================================================
Vikash Kumar Chaubey, Son of Kamleshwar Chaubey, Resident of Village -
Chaubey Chak, P.O.- Namaj, P.S.- Brahmpur, District - Buxar, Bihar
... ... Petitioner
Versus
1. The State of Bihar through the Director General of Police, Bihar, Patna,
Patel Bhawan, Bailey Raod, Patna.
2. The Director General of Police, Bihar, Patna, Patel Bhawan, Bailey Road,
Patna.
3. The Superintendent of Police, Buxar
4. The S.H.O., Police Station Brahmpur, Buxar
5. Dadan Yadav, Son of Hareram Yadav, Resident of Village - Baluan, P.S.-
Brahmpur, District - Buxar
6. Sanjit Yadav @ Rakesh Yadav, Son of Hareram Yadav, Resident of Village -
Baluan, P.S.- Brahmpur, District - Buxar
7. Guddu Yadav, Son of Ras Bihari Yadav, Resident of Village - Baluan, P.S.-
Brahmpur, District - Buxar
8. Sitaram Yadav, Son of Ras Bihari Yadav, Resident of Village - Baluan, P.S.-
Brahmpur, District - Buxar
... ... Respondents
======================================================
Appearance :
For the Petitioner : Ms. Smriti Kumari, Advocate
Mr. Maya Shankar Mishra, Advocate
For the State : Ms. Priya Gupta, AC to AG
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE KUMAR MANISH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
3 08-07-2026 The corpus has been produced before this Court. The
petitioner along with his lawyer is present.
2. This Court has interacted with the corpus. Learned
AC to AG has produced the statement of the corpus made before
the Sub-Inspector of Police, Rajiv Nagar, Patna. Let it be kept
Patna High Court CR. WJC No.1345 of 2026(3) dt.08-07-2026
2/2
on the record.
3. The corpus submits that she was put under pressure
to marry earlier. It appears from her statements as also from the
interactions, we have with her that she wants to live with her
parents.
4. In such circumstance, this writ application fails. It
is dismissed accordingly.
5. The corpus is set at-free to go with her parents.
(Rajeev Ranjan Prasad, J)
( Kumar Manish, J)
SUSHMA2/-
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