Ajay Kumar v. The State Of Bihar Through The Principal Secretary, Home Deptt. Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.958 of 2019 Arising out of PS. Case No.- Year-0 Thana- District- ====================================================== AJAY KUMAR, aged about 26 years, Male, S/O Shri Rup Narayan Singh Resident of A/231, Flat No. 302, Aaradhya Mansion, A.G. Colony, Ashiana Nagar, P.S.- Shastri Nagar, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through The Principal Secretary, Home Deptt. Govt. of Bihar, Patna Bihar 2.

The District Magistrate, Patna.

3.

The Senior Superintendent of Police, Patna.

4.

The S.H.O, P.S. Kankarbagh, Kankarbagh, District- Patna. 5.

Sunil Kumar Sinha Son of Not Known Resident of CA/53, P.C. Colony, Near Old Water Tank, P.O. and P.S.- Kankarbagh, Kankarbagh, DistrictPatna. 6.

Sangeeta Shukla W/O Sri Sunil Kumar Shukla Resident of CA/53, P.C. Colony, Near Old Water Tank, P.O. and P.S.- Kankarbagh, Kankarbagh, District- Patna.

7.

Raghwendra Tiwari Son of Late B. Tiwari Resident of P-9, Vidyapuri, P.O. and P.S.- Kankarbagh, Kankarbagh, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Mandal, Advocate For the Respondent/s :

Mr. Prabhu Narayan Sharma, A.C. to A.G.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 04-07-2019 Heard learned counsel for the petitioner and the learned counsel for the State.

Vithika Shukla is present in Court and she has been identified by the learned counsel. She has made a categorical statement that she was under some compulsion that resulted in

Patna High Court CR. WJC No.958 of 2019(5) dt.04-07-2019 2/2 the issuance of a certificate of marriage but she does not want to accompany the petitioner and out of her free will she is staying with her parents.

Accordingly, we do not find this to be a case of unlawful detention. The Bank Draft of Rs. 10,000/- (ten thousand) has been handed over to Vithika Shukla. She will issue an appropriate receipt for the same.

The petition is accordingly dismissed.

(Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) P.K.P./- U