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Patna High Court

Ravi Kumar @ Ravi ShankarversusThe State of Bihar through the Director General of Police, Bihar, patna

Decided
Disposal
DISMISSED

Holding

The writ of habeas corpus is not maintainable; the petition is dismissed.

Summary

The petitioner, Ravi Kumar, a hardware shop owner, filed a writ of habeas corpus seeking the production of his former daily‑wage employee, Mohan Singh, who had been taken into police custody following a complaint by Singh's wife. The petitioner alleged that the investigating officer pressured Singh to alter his statement and that the police, instead of handing Singh over to him, delivered him to his wife, endangering his life. The court observed that the dispute was essentially matrimonial, arising from the complaint lodged by the wife, and that no magistrate’s order existed directing the police to hand Singh over to the petitioner. Consequently, the court held that a habeas corpus writ was not the appropriate remedy in these circumstances. The petition was dismissed and the petitioner was ordered to pay costs.

Issues considered

  • Whether a writ of habeas corpus is maintainable in a dispute arising from a matrimonial conflict and police detention.
  • Whether the petitioner has a legal right to demand the production of the detained individual absent a magistrate’s order.
  • Whether the High Court has jurisdiction to entertain the writ in the present facts.

Legislation cited

  • B.N.S. — s. 137(2), 140(3), 3(5)

Subjects

  • habeas corpus
  • matrimonial dispute
  • police detention
  • illegal detention
  • writ jurisdiction
  • cost order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Criminal Writ Jurisdiction Case No.924 of 2026
                 ======================================================
                 Ravi Kumar @ Ravi Shankar, Son of Shivshankar Chaudhary, resident of
                 Diwanganj, P.S.- Mufassil, District -Purnea.             ... ... Petitioner.
                                                     Versus
           1.     The State of Bihar through the Director General of Police, Bihar, Patna
                  Bihar.
           2.    The Director General of Police, Bihar, Patna.
           3.    The Superintendent of Police, Purnea, Bihar.
           4.    The SHO, Mufassil P.S., Purnea, Bihar.
           5.    The Investigation officer, Mufassil P. case No. 50 of 2026, Mufassil P.S.,
                 Purnea, Bihar.
           6.    Vibha Devi, Wife of Mohan Singh, resident of village- Chanedi Agha Tola,
                 Ward no. 14, P.S.- Mufassil, District- Purnea.
           7.     Mohan Singh, son of Late Bhola Singh, resident of village- Chandi Agha
                  Tola, Ward no. 14, P.S.- Mufassil, District- Purnea.
                                                                        ... ... Respondents.
                 ======================================================
                 Appearance :
                 For the Petitioner     :      Mr. Md Fazle Karim
                 For the State          :      Mr. AC to learned A.G.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                        And
                          HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER
                   (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

2   29-04-2026                    Heard learned counsel for the petitioner and learned

                   A.C. to learned A.G.

                                2. The petitioner seeks a Writ in the nature of Habeas

                   Corpus for commanding the State to produce the detenu,

                   namely, Mohan Singh, who is respondent no.7 in this case.

                                3. On going through the statements made in the writ

                   application, this Court find that the petitioner is the owner of a

                   Hardware Shop, namely, M/s S.S. Enterprises, his father is

                   proprietor of the firm and respondent no.7 used to work there as
Patna High Court CR. WJC No.924 of 2026(2) dt.29-04-2026
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          a daily wages labourer. Respondent no.7 is said to have dispute

          with his wife (respondent no.6).

                       4. It is further found from the statements in the writ

          application that respondent no.6 has filed a written complaint

          before the S.H.O. of Muffasil P.S., giving rise to Muffasil P.S.

          Case No.50 of 2026, under Sections 137(2), 140(3) and 3(5) of

          the B.N.S. During the investigation, the respondent no.7 has

          allegedly taken to the police station by the Investigating Officer

          (I.O.) of the case on 31.03.2026. It is alleged that the I.O.

          pressurized the respondent no.7 to change his statement

          threatening him to implicate him in a false case but respondent

          no.7 did not change his statement. It is stated that in his

          statement before the learned Magistrate, the respondent no.7 has

          stated that he was going with the Ravi Kumar (petitioner) on his

          own will and volition. The allegation is that, despite this stand

          of respondent no.7 in the PR bond, the I.O. did not handover the

          respondent no.7 to the petitioner and she acted in connivance

          with respondent no.6. It is stated that the I.O. handed over

          respondent no.7 to respondent no.6. Respondent no.6 has earlier

          made statement that respondent no.7 has some mental illness

          and such statements have been made in the media.

                       5. It is further stated that the petitioner has made
Patna High Court CR. WJC No.924 of 2026(2) dt.29-04-2026
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          representation in this regard before the Superintendent of Police

          but nothing has been done on his representation. He has also

          filed a protest petition before the learned C.J.M., Purnea. The

          petitioner apprehends that the life of the respondent no.7 is in

          danger at the hands of respondent no.6.

                       6. Learned counsel for the petitioner has submitted

          that because the petitioner apprehends his false implication in a

          case by respondent no.6, after doing some damage to the life of

          respondent no.7, he has moved this Court.

                       7. Learned Assistant Counsel to learned Advocate

          General submits that from the facts present in the writ

          application itself, it would be evident that there is some

          matrimonial discord between the respondent no.6 and

          respondent no.7. This is the statement of the petitioner that

          respondent no.7 was working at his shop. The matter is sub

          judice before the learned C.J.M. and it is the case of the

          petitioner that he has filed a protest petition in the Court. It is

          submitted that the Writ of Habeas Corpus would not be

          entertainable in the facts of the present case.

                       8. Having regard to the entire facts and circumstances

          of the case and on noticing that the dispute is between the

          respondent no.6 and respondent no.7, the police case has been
            Patna High Court CR. WJC No.924 of 2026(2) dt.29-04-2026
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                      registered at the instance of respondent no.6 and even as the

                      petitioner has claimed in his protest petition (Annexure-P-9) that

                      there is an order of the learned Magistrate to handover

                      respondent no.7 to him but to no such order has been placed

                      before the Court. This Court is of the considered opinion that in

                      this kind of dispute Writ of Habeas Corpus filed is result of ill

                      advice. This application as framed cannot be entertained. It is

                      dismissed with a cost of Rs.5,000/- (Rupees Five Thousand),

                      which would be payable by the petitioner in the account of the

                      Patna High Court Legal Services Committee within a period of

                      two weeks and receipt of the cost shall be filed in the Registry.


                                                (Rajeev Ranjan Prasad, J.)


                                                (Soni Shrivastava, J.)

Trivedi/-

U       T


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