Patna High Court
Mukesh Kumar KarnversusThe State of Bihar, Through Chief Secretary, Government of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The High Court held that the writ petition is not maintainable while the guardianship case is pending and directed the petitioner to seek relief before the Family Court, thereby disposing of the writ application.
Summary
Mukesh Kumar Karn, the father of a seven‑year‑old child, filed a writ petition seeking a habeas corpus and mandamus directing private respondents Subodh Kumar Das and Mina Kumari to produce and hand over his son, alleging illegal custody. He also sought orders from state authorities to ensure the child’s safety. The Court noted that a separate guardianship proceeding (Case No. 05 of 2019) was already pending before the Patna Family Court concerning the child’s custody. Accordingly, the High Court held that the writ petition could not be entertained while the guardianship case is pending and directed the petitioner to pursue relief in the Family Court. The application was therefore disposed of, with a direction that the Family Court dispose of the guardianship matter without unnecessary adjournments.
Issues considered
- Whether a writ petition for habeas corpus/mandamus is maintainable when a guardianship proceeding concerning the same minor is pending before the Family Court
- Whether the High Court can direct the private respondents to produce the child pending the outcome of the guardianship case
Subjects
- habeas corpus
- mandamus
- guardianship
- child custody
- writ jurisdiction
- family court
- illegal detention
- minor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2377 of 2025
======================================================
Mukesh Kumar Karn S/o Sri Sushil Kumar Karn Resident of Village -
Thadbitia, Police Station- Ghoghardiha, District- Madhubani Presently
residing at- Flat No. AP 203, Radheshyam Apartment Lohiyapath, Jagdeo
Path, Police Station - Sastri Nagar, District - Patna
... ... Petitioner/s
Versus
1. The State of Bihar, Through Chief Secretary, Government of Bihar
2. The District Magistrate, Samastipur
3. The Director General of Police, Government of Bihar
4. The Superintendent of Police, Samastipur.
5. Shri Subodh Kumar Das Son of Late Mungalal Das Resident of Mohalla
Gayatri Nagar, Rosera, Ward Number- 7, Police Station- Samastipur
6. Smt. Mina Kumari W/o Shri Subodh Kumar Das Resident of Mohalla
Gayatri Nagar, Rosera, Ward Number- 7, Police Station- Samastipur
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akanksha Malviya, Advocate
Mr. Akash Keshav, Advocate
Mr. Anuj Kumar Shrivastav, Advocate
Ms. Naina Nancy, 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)
3 16-02-2026 Heard learned counsel for the parties.
2. Following reliefs are sought for in the present
application:
“I. For issuance of an appropriate writ in
the nature of Habeas Corpus or any other
appropriate writ(s), or order(s) or
direction(s) commanding the respondents to
immediately produce before this Hon’ble
Patna High Court CR. WJC No.2377 of 2025(3) dt.16-02-2026
2/3
Court the Corpus of Master Abhyuday Karn,
Aged about -7 years, Son of Mukesh Kumar
Karn, who is in illegally custody of
Respondent No. 5 and 6.
II. For issuance of an appropriate writ in
the nature of Mandamus or any other
appropriate writ(s), or order(s) or
direction(s) commanding the private
respondents to hand over the custody of the
minor child to the present petitioner who is
the father and the only natural guardian of
the corpus and the private authorities have
kept the child without any authority of law.
III. For issuance of an appropriate writ in
the nature of Mandamus or any other
appropriate writ(s), or order(s) or
direction(s) commanding the Respondents,
particularly Respondent Nos. 1 to 4 (State
Authorities), to ensure well-being and safety
of the corpus and to provide all necessary
assistance to ensure the immediate
production of the corpus.
3. It has been brought to our notice that in respect to
the custody of the minor child, a Guardianship Case No. 05 of
2019 is pending before the Additional Principal Judge, Family
Court, Patna.
4. In view of the aforesaid given facts, the petitioner
Patna High Court CR. WJC No.2377 of 2025(3) dt.16-02-2026
3/3
is permitted to pursue the matter before the Additional Principal
Judge, Family Court, Patna and hence the present application
stands disposed of.
5. It goes without saying that the learned Trial court
will try to dispose of the abovementioned case i.e. Guardianship
Case No. 05 of 2019 as early as possible without giving
unwanted adjournments.
6. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
Ibrar//- ( Rajesh Kumar Verma, J)
U
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