Manish Raj @ Mani Kumar @ Manish Kumar v. The State Of Bihar Through Home Secretary, Govt. Of Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.724 of 2024 Arising Out of PS. Case No.-21 Year-2023 Thana- KAKO District- Jehanabad ====================================================== MANISH RAJ @ MANI KUMAR @ MANISH KUMAR SON OF MANOJ KUMAR VIDYARTHY RESIDENT OF VILLAGE - NAWADA, P.S. - KAKO, DISTRICT - JEHANABAD ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR THROUGH HOME SECRETARY, GOVT. OF BIHAR, PATNA BIHAR 2.
THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA BIHAR 3.
THE SUPERINTENDENT OF POLICE, JEHANABAD BIHAR 4.
THE DY. SUPERINTENDENT OF POLICE, JEHANABAD BIHAR 5.
THE S.H.O. KAKO P.S. (O.P. - VELABAR), DISTRICT - JEHANABAD BIHAR 6.
THE SUPERINTENDENT OF LARGE SHELTER HOME, NAWADA BIHAR ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Kumari Anjani Sinha For the Respondent/s :
Mr.Advocate General ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY CAV JUDGMENT (Per: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY) Date : 06-05-2024 In the instant petition, the petitioner has prayed for the following relief(s):- (i) For issuance of direction a writ of Habeas Corpus for present of xxxxxxxx (wife of the petitioner) is illegal confinement by the respondents because she is a married major girl.
2/4 (ii) For issuance of an appropriate writ/order/direction to the respondents granting any other relief or reliefs for which the petitioner is found entitled.
2. As per statutory requirement, the name of victim as well as relative has not been disclosed to protect her identity and prestige.
3. Briefly stated the facts of the case is that victim is said to have been taken out by the petitioner with bad intention and present writ petition has been filed seeking direction to release the petitioner's wife/victim from illegal confinement as she is major.
4. Learned counsel for the petitioner submitted that victim, who is claimed to be wife of the petitioner, is major and she is illegally confined by the respondents authority in Short Stay Home (Alpawas Grih). Learned counsel further submitted that petitioner has solemnized his marriage with major girl (victim) and he is entitled to live with his wife. Learned counsel further submitted that as per birth certificate issued by the
3/4 Registrar (Birth and Death), Nagar Parishad, Jehanabad, date of birth of victim is 14.08.2004.
5. Learned counsel for the State submitted that as per School Admission Register, date of birth of victim is 04.08.2007. Learned counsel further submitted that mark sheet of victim issued by Bihar School Examination Board, Patna clearly indicates that date of birth of the victim is 04.08.2007 and on the basis of said certificate age of the victim is less than 18 years. In this way, victim is minor.
6. From perusal of the material available on record, it is quite clear that the victim is still minor. Furthermore, in pursuance of order dated 24.04.2024 passed by this court, the victim's mother appeared before the court and she stated that she is afraid of keeping her daughter. Petitioner is having criminal antecedent. From perusal of the material available on record, it is evident that victim is minor and her mother is not ready to keep the victim with her. Presently, victim has been kept in Short Stay Home (Alpawas Grih). Hence, petitioner has
4/4 not made out a case as there is no illegal confinement of the victim.
7. Considering the aforesaid facts and circumstances as well as material available on record, the present Cr.W.J.C. is not maintainable and same stands dismissed.
(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) shahzad/- AFR/NAFR AFR CAV DATE 01.05.2024 Uploading Date 06.05.2024 Transmission Date 06.05.2024