Neutral Citation No. ( 2025:JHHC:11493-DB ) -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) (H.B.) (D.B.) No. 121 of 2025 --------- Navin Kumar, S/o Shambhu Verma, R/o House No. 39, Near Shiv Mandir, P.O.- Banahappa, P.S.-Muffasil, District- Hazaribag, Jharkhand ... … Petitioner Versus 1. The State of Jharkhand 2. Officer-in-Charge, Korra Police Station, P.O. + P.S.- Korra, District- Hazaribag, Jharkhand 3. Superintendent of Police, Hazaribag 4. Director General of Police, P.O.- Dhurwa, P.S.- Jagarnathpur, District- Ranchi, Jharkhand 5. Sonali Kumari, D/o Shashi Bhushan Prasad, R/o Village + P.O.- Balumath, P.S.- Balumath, District- Latehar, Jharkhand 6. Shashi Bhushan Prasad Soni, R/o Village + P.O.- Balumath, P.S.- Balumath, District- Latehar, Jharkhand ... … Respondents --------- CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE AMBUJ NATH --------- For the Petitioner : Mr. Santosh Kr. Soni, Adv. For the Resp.-State : Mr. Manish Kumar, Sr. S.C.-II For the Resp. Nos. 5 & 6 : Mr. Lukesh Kumar, Adv. --------- 05/16.04.2025 Heard Mr. Santosh Kr. Soni, learned counsel for the petitioner and Mr. Manish Kumar, learned Sr. S.C.-II for the respondent-State as well as Mr. Lukesh Kumar, learned counsel for the respondent nos. 5 & 6. This writ application has been preferred for a direction upon the respondent-authorities to get the respondent no. 5 released from the illegal custody of the respondent no. 6 as she is the legally married wife of the petitioner and has been kept under detention by the respondent no. 6. The petitioner as well as the respondent nos. 5 and 6 are physically present before us. It has been submitted by Mr. Santosh Kr. Soni, learned counsel for the petitioner that the petitioner and Neutral Citation No. ( 2025:JHHC:11493-DB ) -2- the respondent no. 5 are known to each other and after having fallen in love they have solemnized marriage before the Marriage Officer, Hazaribag for which a certificate was issued on 25.10.2024. It has been submitted that the respondent no. 6 on coming to know about the marriage solemnized by his daughter with the petitioner had forcibly kept her in his house for which the petitioner had given representation before the concerned authorities but of no avail as a result of which the petitioner was constrained to move this Court with a prayer as noted above. Mr. Lukesh Kumar, learned counsel appearing for the respondent nos. 5 & 6 has submitted that the petitioner has an alternative remedy of preferring a suit u/s 9 of the Hindu Marriage Act for restitution of conjugal rights with the respondent no. 5. Since the parties are present we have asked them about their willingness to which the respondent no. 5 has stated that she is ready and willing to stay with the petitioner which has been strongly refuted and objected to by the respondent no. 6 as well as the wife of the respondent no. 6 who have stated that they had made arrangements for solemnizing the marriage of respondent no. 5 with another person but the same could not come to its legitimate conclusion on account of the marriage being solemnized by the respondent no. 5 with the petitioner. In fact, it appears that though the respondent no. 5 had stayed with the respondent no. 6 for about six months, the demeanor of the respondent no. 6 seems to have become agitated on account of the willingness on the part of the respondent no. 5 to stay with the petitioner. It also appears that the assertion of the petitioner that the respondent no. 5 was forcibly detained by the respondent no. 6 appears to Neutral Citation No. ( 2025:JHHC:11493-DB ) -3- be true on account of the agitated behavior of the respondent no. 6 and his wife. The respondent no. 6 has also stated that if he permits his daughter to stay with the petitioner, he and his family will be ostracized by the society. Admittedly, the marriage between the petitioner and the respondent no. 5 has been solemnized before the Marriage Officer, Hazaribagh, a copy of which has been brought on record. Both are adults and had willingly solemnized marriage as well as considering the willingness of the respondent no. 5 to stay with the petitioner, we hereby allow this writ application and permit the petitioner to take the respondent no. 5 with him to his house at Banahappa in the District of Hazaribag from the Court itself. The respondent no. 6 and his family members are directed not to interfere in any manner in the conjugal life of the petitioner and the respondent no. 5. Since it has been submitted that the educational certificates are being forcibly kept by the respondent no. 6, Mr. Lukesh Kumar, learned counsel for the respondent no. 6 is directed to ensure that the educational certificates are mailed to the address of the petitioner within a period of two weeks from today in order to enable her to further her studies. In order to ensure that the petitioner and the respondent no. 5 reach the house of the petitioner in the District of Hazaribag safely, Mr. Manish Kumar, learned Sr. S.C.-II is directed to ensure that two security personnel are provided to the petitioner who is said to have come on a private car along with his brother till they reach their destination at Hazaribag. Neutral Citation No. ( 2025:JHHC:11493-DB ) -4- This writ application stands allowed. Let a copy of this order be handed over to the learned counsels for the respective sides. (Rongon Mukhopadhyay, J.) (Ambuj Nath, J.) A. Sanga/-