Sonu Kumar Mishra v. The State Of Bihar, Through The Director General Of Police, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.27 of 2026 ====================================================== Sonu Kumar Mishra, Son of Shashi Bhushan Mishra, Resident of VillageNonhar, Block- Bikramganj, P.S.- Suryapura, District- Rohtas, Bihar ... ... Petitioner/s

Versus

1.

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

Superintendent of Police, Aurangabad Bihar 3.

Station House Officer, Amba Police Station, District Aurangabad, Bihar. 4.

Roushan Pathak, Son of Upendra Pathak Resident of Village- Ketaki, P.S.- Dev, District- Aurangabad, Bihar.

5.

Priyambada, D/o Arun Mishra R/o Village- Chandaut, P.S.- Amba, DistrictAurangabad, Bihar 6.

Shaurya Mishra, through mother Priyambada, D/o Arun Mishra, R/o VillageChandaut, P.S.- Amba, District- Aurangabad, Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar, Advocate For the Respondent/s :

Mr.A.A.G.12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 18-02-2026 Heard learned counsel for the parties.

2. The following reliefs have been sought in the present criminal writ petition:

"A writ in the nature of Habeas Corpus or any other appropriate writ/writs, order/orders, direction to release the wife of the petitioner as he been unlawfully detained at Village Ketaki, P.S. Dev, District Aurangabad, Bihar by respondent No 4 namely Roshan Pathak ignoring the fact that Respondent No 5 is legally wedded wife of the petitioner and Respondent No 6 is

Patna High Court CR. WJC No.27 of 2026(3) dt.18-02-2026 2/3 minor son of the petitioner.

For that any other relief or reliefs may be granted as Your Lordships may deem fit and proper in the facts and circumstances of this case."

3. A report vide Memo No. 121 dated 14.01.2026 has been submitted by the S.D.P.O.,Aurangabad. The said report is taken on record, which reads as under:-

4. Upon perusal of the aforesaid report, it is evident that the wife of the petitioner has left her matrimonial home out of her own will. It further appears that her statement has been duly

Patna High Court CR. WJC No.27 of 2026(3) dt.18-02-2026 3/3 recorded by the police authorities, wherein she has not alleged any illegal confinement.

5. In view of the aforesaid, this Court finds that no case for issuance of a writ of habeas corpus is made out, as there is no allegation or material to suggest that the wife of the petitioner is under unlawful detention.

6. Learned counsel for the petitioner submits that the petitioner seeks custody of the minor child, who is presently residing with the mother.

7. Considering the aforesaid facts and circumstances, if so advised, the petitioner is at liberty to approach Family Court of competent jurisdiction for redressal of his grievance.

8. With the aforesaid observation and liberty, the present petition stands disposed of.

9. Pending application, if any, shall also stand disposed of.

(Sudhir Singh, J) (Rajesh Kumar Verma, J) Sujit/- U