Abhay Verma @ Abhay Choudhary v. The State Of Bihar Through The Director General Of Police, Govt. Of Bihar, Patna.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1481 of 2026 Arising Out of PS. Case No.-462 Year-2025 Thana- FORBESGANJ District- Araria ====================================================== Abhay Verma @ Abhay Choudhary, S/o Virendra Kumar Verma, R/o Chhota Bharwara, Chinhat, Lucknow, Uttar Pradesh- 226010. ... ... Petitioner
Versus
1.
The State of Bihar through the Director General of Police, Govt. of Bihar, Patna.
2.
The Collector, Dist. - Araria.
3.
The Superintendent of Police, Dist. - Araria. 4.
The SHO, Forbesganj P.S., Dist. - Araria.
5.
Neha Kumari, D/o Ram Chandra Ram, R/o Ward no. 9, College Chowk, P.S. - Forbesganj, Dist. - Araria, Bihar- 854318.
6.
Ram Chandra Ram, S/o Late Bhola Ram, R/o Ward no. 9, College Chowk, P.S. - Forbesganj, Dist. - Araria, Bihar, 854318. ... ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr. Kishore Saurabh For the State :
Mr. S.D. Sanjay, A.G.
Mr. Shashwat Agrawal, AC to A.G.
Mr. Rahul Kumar, AC to A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 20-07-2026 Although the matter has been listed under heading 'For Office Notes' but we have heard the matter on its own merit after noticing that this is a writ of Habeas Corpus.
2. On perusal of the pleadings available in the writ petition, it appears that the petitioner claims himself husband of respondent no. 5. It is his statement that respondent no. 6, who is the father of respondent no. 5 has lodged a case against him saying that he had allured the victim. It is stated that the victim
Patna High Court CR. WJC No.1481 of 2026(2) dt.20-07-2026 2/2 (respondent no. 5) was recovered by police and after recovery, she was given in custody of her parents and she is still residing with her parents at her parental home. The petitioner has not brought on record the order of the learned Jurisdictional Magistrate where the victim (respondent no. 5) was produced. He has stated in paragraph '11' of the writ application that he is ready to keep his wife with all dignity and honor and he wants to live happy conjugal life with her after she is released from the custody of her parents.
3. To this Court, it appears that the petitioner is well aware of the whereabout of the victim (respondent no. 5) to whom he claims his wife. By filing this writ of Habeas Corpus, in fact, he is looking for restitution of his conjugal rights.
4. The writ petition seems to be misconceived. We decline to entertain the writ application. It is dismissed but with liberty to the petitioner to seek his remedy, if any, in accordance with law.
(Rajeev Ranjan Prasad, J) (Sunil Dutta Mishra, J) Lekhi/- barkha/- U