Thakan Jha v. State Of NCT Of Delhi & ORS.

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 568/2025 THAKAN JHA .....Petitioner Through:

Mr. Radhe Shyam Jha, Adv.

versus STATE OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel (Crml.) with Ms. Priyam Aggarwal & Mr. Abhinav Arya, Advs. with SI Thakur Singh, PS Hari Nagar.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA

O R D E R

% 28.02.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition has been filed by the Petitioner under Article 226 of the Constitution of India read with Section 528 of Bharatiya Nagrik Suraksha Sanhita inter alia seeking issuance of a writ in the nature of habeas corpus for the production of his daughter, who is missing since 21st December, 2024.

3.

It is stated that the girl is a major and her date of birth is 28th December, 2004.

4.

It is alleged by the Petitioner that Respondent No. 5 i.e., Nuja Kumar who is stated to be a resident of Village Dumari Supoul, PS Mahishi, District Saharsa, Bihar is involved in the disappearance of his daughter. 5.

On the last date of hearing i.e. 18th February, 2025 the Court observed the following:

"5. The Petitioner is also stated to have visited Bihar, but unable to get any information as to the whereabouts of his The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

daughter. It is further submitted that the boy's parents and family are threatening to file a case under SC/ST Act, 1989.

6. Considering these facts, let the Delhi Police take immediate steps in cooperation with the police authorities in Bihar, to trace the missing girl and produce her before the Court on the next date of hearing."

6.

Today, a status report dated 28th February, 2025 authored by SHO PS. Hari Nagar has been handed over in Court. The same has been taken on record.

7.

It is stated in the said status report that on 27th February, 2025 the concerned police official received a call from the girl stating that she has got married of her own free will and volition and her date of birth is 1st January, 2001.

8.

The girl has also appeared virtually with her husband. The Court has interacted with them. They are currently in Bihar in the home town of her husband. Photographs of their marriage ceremony have also been placed on record. As per the documents given, they have got married in Kusheshwar Asthan, Darbhanga, Bihar.

9.

According to the girl, there are threats from her family to her and to her husband.

10.

Considering the fact that the girl is a major and that she has got married on her own free will, it is directed that the Petitioner and the girls' family shall not extend any threats or abuses to the girl or the boy, including the family of the boy. The couple is free to reside wherever they wish. 11.

Petition is disposed of in these terms. No further orders are called for. All pending applications, if any, are also disposed of. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

12.

The status report along with the Annexures are taken on record. PRATHIBA M. SINGH, J.

RAJNEESH KUMAR GUPTA, J.

FEBRUARY 28, 2025 Rahul/rks The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.