Created by Fuzzy Cloud

Patna High Court

Rampreet GoswamiversusThe State of Bihar, through its Chief Secretary, Govt. of Bihar, Old Secretariat, Patna-800015

Decided
Disposal
DISMISSED

Holding

The writ of habeas corpus is not maintainable as there is no prima facie case of illegal confinement.

Summary

The petitioner, Rampreet Goswami, filed a criminal writ petition alleging that his daughter, Manisha Kumari, had gone missing after leaving home voluntarily to pursue education, and that no FIR had been registered. He sought a writ of habeas corpus, claiming unlawful detention by the state. The Court examined whether a habeas corpus petition is maintainable when the alleged detenue has voluntarily disappeared and there is no evidence of illegal confinement. Citing Union of India v. Yumnam Anand M. and Home Secretary (Prison) & Others v. H. Nilofer Nisha, the Court held that the writ is only available where there is prima facie proof of unlawful detention. Since the daughter is a major who left of her own free will and no detention is shown, the petition was dismissed. The Court ordered the dismissal of the writ petition and any pending applications.

Issues considered

  • Is a writ of habeas corpus maintainable when the alleged detenue has voluntarily left home and there is no evidence of illegal or unlawful detention?

Subjects

  • habeas corpus
  • illegal detention
  • voluntary disappearance
  • criminal writ
  • Article 21
  • constitutional law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.197 of 2026
                 ======================================================
                 Rampreet Goswami, S/o Nemdhari Goswami, Aged about 52 years, Resident
                 of Gram Mocharim, Post Mocharim, Mosa Mor, Bodhgaya, P.S.- Bodhgaya,
                 District- Gaya, Bihar 824231

                                                                        ... ... Petitioner
                                                 Versus
           1.    The State of Bihar, through its Chief Secretary, Govt. of Bihar, Old
                 Secretariat, Patna-800015 Bihar
           2.    The Director General of Police, Bihar, Police Headquarters, Bailey Road,
                 Patna- 800001 Bihar
           3.    The District Magistrate, Gaya, District- Collectorate, Gaya, Bihar Bihar
           4.    The Superintendent of Police, Gaya, Office at District Police Headquarters,
                 Gaya, Bihar Bihar
           5.    The Officer-in-Charge, Police Station Bodhgaya, P.S. Bodhgaya, District-
                 Gaya, Bihar Bihar

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner    :       Mr. Sachina, Advocate
                 For the Respondents   :       Mr. P.N. Sharma, AC to AG
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                            and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                         (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2   12-02-2026                 Heard learned counsel for the petitioner and learned

                   counsel for the Respondent-State.

                               2. The brief facts of the case are that on 05.09.2025,

                   the daughter of the informant (petitioner), namely Manisha

                   Kumari, had gone to the market to purchase vegetables but did

                   not return home thereafter. The informant attempted to contact

                   her on her mobile phone, which was found switched off. Despite

                   making diligent efforts to search her whereabouts, she could not
Patna High Court CR. WJC No.197 of 2026(2) dt.12-02-2026
                                            2/4




          be traced. Upon searching her room, the informant discovered a

          letter purportedly written by her, wherein she stated that she had

          left the house of her own free will for the purpose of pursuing

          her further education. Subsequently, the petitioner submitted a

          written complaint to the Officer-in-Charge, Police Station,

          Bodhgaya (Annexure – 1) regarding the alleged occurrence.

          However, it is the grievance of the petitioner that no FIR has

          been registered in connection with respect to the said complaint

          till date.

                       3. Upon hearing the submissions advanced on behalf

          of the parties and perusal of the entire materials available on the

          record, the limited issue that arises for consideration is that

          Whether a writ of Habeas Corpus is maintainable when the

          alleged detenue has voluntarily left her home, and there is

          nothing on record to show her illegal/ unlawful detention.

                       4. The writ of Habeas Corpus lies only in those cases

          where a person has been illegally detained by the state

          authorities or an individual. The petitioner has to, prima facie,

          show a case of illegal confinement. The Hon’ble Apex Court in

          Union of India v. Yumnam Anand M. reported in (2007) 10

          SCC 190 has observed as under:

                                  “7. Article 21 of the Constitution having
                                  declared that no person shall be deprived of
Patna High Court CR. WJC No.197 of 2026(2) dt.12-02-2026
                                            3/4




                                  life and liberty except in accordance with the
                                  procedure established by law, a machinery was
                                  definitely needed to examine the question of
                                  illegal detention with utmost promptitude. The
                                  writ of habeas corpus is a device of this nature.
                                  Blackstone called it “the great and efficacious
                                  writ in all manner of illegal confinement”. The
                                  writ has been described as a writ of right which
                                  is grantable ex debito justitiae. Though a writ
                                  of right, it is not a writ of course. The applicant
                                  must show a prima facie case of his unlawful
                                  detention. Once, however, he shows such a
                                  cause and the return is not good and sufficient,
                                  he is entitled to this writ as of right.”



                       5. Further, in the case of Home Secretary (Prison)

          and Others v. H. Nilofer Nisha, reported in (2020) 14 SCC 161,

          it has been held in para no. 16 that:

                                  “16. .…Even though, the scope may have
                                  expanded, there are certain limitations to this
                                  writ and the most basic of such limitation is
                                  that the Court, before issuing any writ of
                                  habeas corpus must come to the conclusion
                                  that the detenue is under detention without any
                                  authority of law.”



                       6. Considering the settled position of law and the

          complaint given by the petitioner which is annexed as

          ‘Annexure -1’, it is evident that the daughter of the petitioner,
            Patna High Court CR. WJC No.197 of 2026(2) dt.12-02-2026
                                                        4/4




                      who is a major, has left the house on her own free will. There is

                      no evidence to suggest that she was subjected to any form of

                      illegal confinement.

                                   7. Accordingly, the issue framed is answered in

                      negative. In view of the above facts and circumstances, we find

                      no merit in the present criminal writ petition, and the same

                      stands dismissed.

                                   8. Pending application(s), if any, shall also stand

                      disposed of.


                                                              (Sudhir Singh, J.)


                                                        (Rajesh Kumar Verma, J.)

Gaurav Kumar,
Ibrar/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.