Santosh Paswan @ Santosh Kumar Paswan v. The State Of Bihar Through The Principal Secretary Home (Police) Department Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1301 of 2023 Arising Out of PS. Case No.-49 Year-2023 Thana- RAHIKA District- Madhubani ====================================================== Santosh Paswan @ Santosh Kumar Paswan, Son of Ram Preasad Paswan, resident of village Selara, PS- Jay Nagar, Distt Madhubani. ... ... Petitioner.

Versus

1.

The State of Bihar through the Principal Secretary, Home (Police) Department, Bihar, Patna.

2.

The District Magistrate, Madhubani.

3.

The Superintendent of Police, Madhubani .

4.

The Sub-Divisional Police Officer, Jaynagar, District- Madhubani. 5.

The Incharge/ Superintendent Remand Home, Madhubani. 6.

S.H.O. Rahika Police Station, Rahika, Dist-Madhubani. 7.

Manju Devi, Wife of Deepak Mandal, Resident of Village- Sharokhar, P.S.- Rahika, Dist- Madhubani.

8.

Laxmi Kumari, daughter of Deepak Mandal, wife of Santosh Paswan, Resident of Village- Selara, P.S.- Jay Nagar, Dist- Madhubani. ... ... Respondents.

====================================================== Appearance :

For the Petitioner :

Mr. Ratanakar Jha, Advocate.

For the State :

Mr. P.N. Sharma, AC to AG.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 11-12-2023 In the instant petition, the petitioner has prayed for the following relief(s):

(i) To issue an appropriate order/s, direction/s including a writ prefereably in the Nature of HABEAS CORPUS directing the State Respondents to release the private respondent

Patna High Court CR. WJC No.1301 of 2023 dt.11-12-2023 2/2 no.8 who happens to be the legally wedded wife of the petitioner unlawful detained in Remand Home Madhubani in connection with Rahika P.S. Case No.49 of 2023 for the offence punishable under sections 341, 323, 363, 366(A), 504 and 506 of the Indian Penal Code. (ii) To any other relief's to which the petitioner may be found entitled in the facts and circumstances of the case.

2. During the pendency of the present petition, corpus was recovered by the police authorities on 29.03.2023 and she is not willing to go with her parents, in the result the police authorities have kept the corpus in Remand Home, Madhubani.

3. Accordingly, the present petition stands disposed of reserving liberty to the petitioner to resort appropriate remedy. (P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.12.2023.

Transmission Date NA