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Patna High CourtCR. WJC/3055/2025disposed

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

2025-11-28Mr. Justice Rajeev Ranjan Prasad,Mr. Justice Sourendra Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3055 of 2025 Arising Out of PS. Case No.- Year-0 Thana- District- Patna ====================================================== Anurag Kumar Son of Arjun Mahto Resident of Village- Kanakpur Ismila, P.S.- Ekma, District- Saran at Chapra presently residing at Gola Road, P.S.- Rupaspur, District- Patna ... ... Petitioner/s

Versus

1.

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

The Senior Superintending of Police, Patna Bihar 3.

The Superintendent of Police, (West), Patna Bihar 4.

The Station House Officer, Bihta, Patna Bihar 5.

The Station House Officer, Rupaspur, District- Patna Bihar 6.

Sanjay Kumar Son of Satyendra Kumar Resident of Ward No. 7, Sherpur Tola, Dhilahi, Belahapuri, P.S.- Sherpur, District- Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pravashankar Mishra, Advocate For the Respondent/s :

Mr. P.N. Sharma, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 28-11-2025 Heard learned counsel for the petitioner and learned AC to AG for the State-respondents.

2. Corpus has been produced by Sri Shashi Bhushan Kumar Singh, S.I.-cum-S.H.O. of Rupaspur police station. He has informed that he has brought the corpus who was with her maternal uncle. Her brother and uncle both had also come at the police station where the statement of the corpus was

2/4 recorded. She is major and has admitted to have married with the petitioner. She expressed her desire to live with him. The Respondent No. 6 despite having knowledge of the case, has not turned up with the corpus.

3. In presence of learned counsel for the petitioner and learned AC to AG for the State, we have interacted with the corpus, namely, Arti Kumari who has stated that she has married to the petitioner and wants to live with him.

4. Learned AC to AG has produced a copy of the marksheet issued by the Bihar School Examination Board, Patna showing the date of birth of the corpus as 26.06.2004. Let it be kept on the record.

5. The petitioner is also present and submits that he will keep the corpus as his legally wedded wife with all respect and dignity.

6. The corpus has stated that after knowing that she had married to the petitioner, her father (respondent no.6) was not allowing her to go outside.

7. Having regard to the aforesaid conditions which we have noted, the interactions which we have with the corpus in presence of the learned Advocates, we are of the considered opinion that she being major, is free to choose her own way of life. Since she is desirous to go with the petitioner and live with him, she is set at free. She can move

3/4 and live her own life.

8. At this stage, the corpus has stated that her belongings are still there in the house of her father and she would like to collect them.

9. We direct the officer in-charge of Rupaspur police station to get in touch with the officer in-charge of Dulhin Bazar police station and ensure that the corpus is allowed to take her belongings from her father's place wehereafter she may move to live with the petitioner.

10. For the present, the petitioner and the corpus shall move as per their choice.

11. The corpus has informed that her all original educational certificates are in possession of her maternal uncle. The officer in-charge, Rupaspur police station shall talk to her maternal uncle and will ask him to hand over all the documents of the corpus to her by tomorrow.

12. Learned counsel for the petitioner has sought permission to make corrections in the name of the jurisdictional police station within which the respondent no.6 resides. Inadvertently the name of the police station has been typed as "Sherpur" whereas it should be "Dulhin Bazar".

13. We permit learned counsel for the petitioner to

4/4 make corrections with respect to police station of the respondent no.6.

14. This writ application stands disposed of accordingly.

(Rajeev Ranjan Prasad, J) ( Sourendra Pandey, J) arvind/- U