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Patna High Court

Sonu Kumar MishraversusThe State of Bihar, through The Director General of Police, Bihar, Patna

Decided
Disposal
DISPOSED

Holding

The court held that there is no unlawful detention of the petitioner’s wife and therefore no basis for issuing a writ of habeas corpus.

Summary

Petitioner Sonu Kumar Mishra filed a criminal writ petition seeking a writ of habeas corpus to release his wife, alleging unlawful detention by respondent No.4, Roshan Pathak. The police report indicated that the wife voluntarily left the matrimonial home and did not claim any illegal confinement. The court found no material suggesting unlawful detention and therefore concluded that a habeas corpus writ was not warranted. The petitioner’s request for custody of the minor child was noted, and the court advised him to approach the appropriate family court for that relief. Consequently, the petition was disposed of without granting any writ.

Issues considered

  • Whether the wife of the petitioner is being held in unlawful detention justifying a writ of habeas corpus
  • Whether the criminal writ jurisdiction is appropriate for a dispute concerning child custody and marital separation

Subjects

  • habeas corpus
  • unlawful detention
  • family law
  • child custody
  • criminal writ jurisdiction
  • petition disposal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Criminal Writ Jurisdiction Case No.27 of 2026
                 ======================================================
                 Sonu Kumar Mishra, Son of Shashi Bhushan Mishra, Resident of Village-
                 Nonhar, Block- Bikramganj, P.S.- Suryapura, District- Rohtas, Bihar

                                                                                   ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar, through The Director General of Police, Bihar, Patna
                 Bihar
           2.    Superintendent of Police, Aurangabad Bihar
           3.    Station House Officer, Amba Police Station, District Aurangabad, Bihar.
           4.    Roushan Pathak, Son of Upendra Pathak Resident of Village- Ketaki, P.S.-
                 Dev, District- Aurangabad, Bihar.
           5.    Priyambada, D/o Arun Mishra R/o Village- Chandaut, P.S.- Amba, District-
                 Aurangabad, Bihar
           6.    Shaurya Mishra, through mother Priyambada, D/o Arun Mishra, R/o Village-
                 Chandaut, P.S.- Amba, District- Aurangabad, Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr.Dhananjay Kumar, Advocate
                 For the Respondent/s   :         Mr.A.A.G.12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

3   18-02-2026                 Heard learned counsel for the parties.

                               2. The following reliefs have been sought in the

                   present criminal writ petition:

                                  “A writ in the nature of Habeas Corpus or any other
                                  appropriate     writ/writs,    order/orders,    direction    to
                                  release the wife of the petitioner as he been unlawfully
                                  detained   at    Village      Ketaki,   P.S.   Dev,   District
                                  Aurangabad, Bihar by respondent No 4 namely Roshan
                                  Pathak ignoring the fact that Respondent No 5 is legally
                                  wedded wife of the petitioner and Respondent No 6 is
Patna High Court CR. WJC No.27 of 2026(3) dt.18-02-2026
                                            2/3




                          minor son of the petitioner.
                          For that any other relief or reliefs may be granted as
                          Your Lordships may deem fit and proper in the facts and
                          circumstances of this case.”
                       3. A report vide Memo No. 121 dated 14.01.2026 has

          been submitted by the S.D.P.O.,Aurangabad. The said report is

          taken on record, which reads as under:-




                  4. Upon perusal of the aforesaid report, it is evident that

          the wife of the petitioner has left her matrimonial home out of

          her own will. It further appears that her statement has been duly
          Patna High Court CR. WJC No.27 of 2026(3) dt.18-02-2026
                                                      3/3




                    recorded by the police authorities, wherein she has not alleged

                    any illegal confinement.

                                 5. In view of the aforesaid, this Court finds that no

                    case for issuance of a writ of habeas corpus is made out, as

                    there is no allegation or material to suggest that the wife of the

                    petitioner is under unlawful detention.

                                 6. Learned counsel for the petitioner submits that the

                    petitioner seeks custody of the minor child, who is presently

                    residing with the mother.

                                 7. Considering the aforesaid facts and circumstances,

                    if so advised, the petitioner is at liberty to approach Family

                    Court of competent jurisdiction for redressal of his grievance.

                                 8. With the aforesaid observation and liberty, the

                    present petition stands disposed of.

                                 9. Pending application, if any, shall also stand

                    disposed of.



                                                (Sudhir Singh, J)


                                           (Rajesh Kumar Verma, J)
Sujit/-

U


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