Amar Kumar v. The State Of Bihar Through Director General Of Police, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.408 of 2025 Arising Out of PS. Case No.-299 Year-2024 Thana- RAMGARHWA District- East Champaran ====================================================== Amar Kumar Son of Amerika Yadav @ Ambika Yadav Resident of ward no 5, Naya basti, Shanichari Bahuarwa, PS -Sanichari, District -West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar through Director General of Police, Bihar, Patna Bihar 2.

Director General of Police, Bihar, Patna Bihar 3.

Inspector General of Police, East Champaran Bihar 4.

Deputy Inspector General of Police, East Champaran Bihar 5.

The S.P. East Champaran Bihar 6.

Station Hosue officer, Ramgarhwa, PS- Motihari, East Champaran Bihar 7.

Jefa Praveen Daughter of Mansoor Khan village- Bela gola, Harihar Nagar, Ps- Ram Nagar, Dist- East Champaran 8.

Mansoor Khan son of village- Bela gola, Harihar Nagar, Ps- Ram Nagar, Dist- East Champaran 9.

Chanda Khatoon Wife of Mansoor Khan village- Bela gola, Harihar Nagar, Ps- Ram Nagar, Dist- East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nagendra Kumar Singh, Advocate Mr. Binay Kumar Singh, Advocate Mr. Bijay Kumar Pathak, Advocate Mr. Deepak Kumar, Advocate Ms. Rubi Kumari, Advocate For the State :

Mr. Prabhu Narayan Sharma, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI) 03-04-2025 The present petition has been filed under Article 226 of the Constitution of India in which the petitioner has prayed that a writ of habeas corpus be issued and thereby the respondent police authorities as well as Respondent Nos.8 and 9

Patna High Court CR. WJC No.408 of 2025(3) dt.03-04-2025 2/3 be directed to produce the corpus, i.e., Respondent No.7 before this Court.

2. Heard Mr. Nagendra Kumar Singh, learned counsel for the petitioner and Mr. Prabhu Narayan Sharma, learned AC to AG for the State.

3. Learned counsel for the petitioner submits that petitioner got married with Respondent No.7. The marriage took place in a temple. However, learned counsel for the petitioner has fairly submitted that there is no certificate of registration of the marriage. It is further submitted that Respondent No.7 is the wife of the petitioner and she is in illegal custody of Respondent Nos.8 and 9, who are parents of Respondent No.7.

4. Pursuant to the notice issued by this Court on 26.03.2025, Respondent Nos.8 and 9 are present before this Court. We have taken up the matter in Chambers. We have interacted with Respondent No.7, i.e., the corpus. She has stated that she is major and she came in contact with the petitioner through social media and thereafter she left her house voluntarily. However, thereafter she has immediately said that now she has realized her mistake and now she wants to go with her parents, i.e., Respondent Nos.8 and 9. She has specifically stated before us that she is not in illegal confinement/detention

Patna High Court CR. WJC No.408 of 2025(3) dt.03-04-2025 3/3 of Respondent Nos.8 and 9, as alleged in the petition.

5. In view of the statement of the corpus that she is not in illegal confinement of Respondent Nos.8 and 9, we are not inclined to entertain the present petition. Accordingly, the petition stands disposed of.

6. Respondent No.7 is permitted to go with her parents.

(Vipul M. Pancholi, J.) (Alok Kumar Pandey, J.) Sanjay/- U T