IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.2199 of 2025 Arising Out of PS. Case No.-152 Year-2023 Thana- JURAWANPUR District- Vaishali ====================================================== Lalan Singh son of Bhola Singh Resident of Village- Raghopur Nayatola PS -Jurawanpur District -Vaishali ... ... Petitioner/s Versus 1. The State of Bihar through Principal Secretary, Home (Police) Dept. Govt. of Bihar, patna Bihar 2. The Director General of Police, Patna, Bihar bihar 3. The District Magistrate, Vaishali bihar 4. The Superintendent of Police, Vaishali bihar 5. The Station House Officer of Jurawanpur Ps bihar 6. Superintendent of the Uttar Raksha Grih, Gaighat, Patna bihar 7. Rocky Kumar son of Ranjit Sah Resident of Village- Paharpur West, PS -Jurawanpur District -Vaishali 8. Anupam Kumar son of Suman Singh Resident of Village- Raghopur west, PS -Jurawanpur District -Vaishali 9. Tannu Kumari Daughter of Lalan Singh Resident of Village- Raghopur Nayatola PS -Jurawanpur District -Vaishali ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Anand, Advocate Mr. Bablu Kumar, Advocate Mr. Avinish Kumar, Advocate Mr. Priya Ranjan, Advocate For the Respondent/s : Mr. Prabhu Narayan Sharma, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) Date : 30-08-2025 Heard learned counsel for the petitioner and learned AC to AG for the State of Bihar. 2. The present writ application has been filed for the following reliefs:- Patna High Court CR. WJC No.2199 of 2025 dt.30-08-2025 2/5 “(I) For issuance of writ of Habeas Corpus or any other appropriate writ, order or direction to respondent authorities to immediately bring the corpus, who is the daughter of petitioner namely Miss Tannu Kumari who has been illegally detained against her free will and wish by the private respondent no. 7. (II) And/Or for issuance of other consequential writ or writs, order or orders, direction or directions as deems fit and proper in the facts and circumstances of the case.” 3. The facts of this case would reveal that the petitioner is the father of the respondent No. 9, who had earlier gone with a boy (respondent No. 7). At the relevant time, a police case was registered in connection with the same giving rise to Jurawanpur P.S. Case No. 152 of 2023. The respondent No. 9 was recovered and being a child in need of care and protection, she was produced before the Child Welfare Committee. The unfortunate situation arose when the petitioner refused to keep his daughter with himself. The letter dated 30.03.2024 of the Chairman, Child Welfare Committee, Vaishali, as contained in the Annexure P-5 to the application reveals the fact that her father had refused to receive her, therefore, keeping the best interest of the child in view, she was Patna High Court CR. WJC No.2199 of 2025 dt.30-08-2025 3/5 sent to the Rajkiya Uttar Raksha Grih, Gaighat, Patna. The counsellor report disclosed that she wanted to go with the boy (respondent No. 7), whom she called her husband and expressed her desire to live in her Sasural. 4. It is shown from the two orders passed by the learned Single Judge of this Court in Cr. Misc. No. 39061 of 2024 that earlier the petitioner had moved this Court against the order passed by the learned Additional District & Sessions Judge-VI, Vaishali in the present case, the learned Single Judge set aside the said order and directed the release of the respondent No. 9 from the Government Protection Home, Gaighat, Patna, in favour of the petitioner, but, subsequently, the said order was recalled vide order dated 05.03.2025 on finding that the victim girl did not want to go with her parents. 5. At this stage, admittedly, the respondent No. 9 has attained majority, her date of birth being 04.03.2007. 6. Learned counsel for the petitioner has submitted that after attaining majority, she chose to go with the respondent No. 7 but at this stage she has given a telephone call to her father saying that she is in illegal detention of the respondent No. 7. It is for this reason a writ of Habeas Corpus has been filed. Patna High Court CR. WJC No.2199 of 2025 dt.30-08-2025 4/5 7. Mr. Prabhu Narayan Sharma, learned AC to AG submits that once it is an admitted fact that after attaining majority, she had chosen to go with respondent No. 7 to live with him, at this stage, if some dispute has arisen between the respondent Nos. 7 and 9, the petitioner or respondent No. 9 may seek appropriate remedy in accordance with law but that cannot be a reason to maintain a writ petition for issuance of writ in the nature of Habeas Corpus. 8. We fully agree with these submissions made by the learned AC to AG for the State of Bihar. This is not a case of unlawful detention or that the whereabouts of the Corpus is not known. 9. Facts recorded hereinabove would show that firstly, the petitioner refused to take back his daughter after she was recovered in the year 2023, she was made to stay in the Rajkiya Uttar Raksha Grih, Gaighat Patna, where she attained majority, and thereafter she was released. She went to stay with respondent No.7 on her own will and volition. 10. This Court is of the considered opinion that in such circumstances, at this stage, if any dispute has arisen between the parties, it cannot be a reason for maintaining a writ petition for issuance of a writ in the nature of Habeas Corpus. Patna High Court CR. WJC No.2199 of 2025 dt.30-08-2025 5/5 The petitioner or for that reason, the respondent No. 9 have their remedies available in law which they can avail. 11. The writ application is disposed off with aforesaid observations. manoj/- (Rajeev Ranjan Prasad, J) (Sourendra Pandey, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 30.08.2025 Transmission Date 30.08.2025