IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.286 of 2026 Arising Out of PS. Case No.-1135 Year-2025 Thana- RAMKRISHNANAGAR District- Patna ====================================================== RajKamal, aged about 40 years, male, Son of Late Jankdhari Singh Resident of village- Bhupatipur Opposite Ramjanki Mandir,PO-Dhelwa,P.S- Ramkrishna Nagar,Beur, Dist- Patna,At Present- Residing at Vikas Akela near Nalanda Biscuit Factory, Khagaul phulwari Road,P.S-Phulwarisharif, Dist- Patna ... ... Petitioner Versus 1. The Home Secretary, Govt. of Bihar, old Secretariat Patna bihar 2. The Director General of Police, Bihar, patna bihar 3. The Inspector General of Police, Govt. of Bihar, Patna bihar 4. The Deputy Inspector General of Police, Patna bihar 5. The Senior Superintendent of Police, Dist- Patna bihar 6. The officer in -charge Ram Krishna Nagar Ps, dist- Patna bihar 7. Rajender Singh son of Late Bhagiran Singh Resident Of Village- Bhupatipur Opposite Ramjanki Mandir, Ps- Ram Krishna Nagar, Dist- Patna 8. Rekha Devi Wife of Shree Rajender Singh Resident Of Village- Bhupatipur Opposite Ramjanki Mandir, Ps- Ram Krishna Nagar, Dist- Patna 9. Rohit Kumar Son of Shree Rajender Singh Resident Of Village- Bhupatipur Opposite Ramjanki Mandir, Ps- Ram Krishna Nagar, Dist- Patna 10. Monu Kumar Son of Shree Rajender Singh Resident Of Village- Bhupatipur Opposite Ramjanki Mandir, Ps- Ram Krishna Nagar, Dist- Patna 11. Rahul Kumar Son of Late Sahdeo Singh Resident Of Village- Bhupatipur Opposite Ramjanki Mandir, Ps- Ram Krishna Nagar, Dist- Patna 12. Rupa Devi Wife of Rahul Kumar Resident Of Village- Bhupatipur Opposite Ramjanki Mandir, Ps- Ram Krishna Nagar, Dist- Patna 13. Anjali Kumari Daughter of Sri Raj Kamal Resident Of Village- Bhupatipur Opposite Ramjanki Mandir, Ps- Ram Krishna Nagar, Dist- Patna 14. Dev Raj Son of Rajkamal Resident Of Village- Bhupatipur Opposite Ramjanki Mandir, Ps- Ram Krishna Nagar, Dist- Patna ... ... Respondents ====================================================== Appearance : For the Petitioner : Mr. Ranjan Kumar Sinha, Advocate For the Respondents : Mr. P.N. Sharma, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 2 12-02-2026 In the present petition, the petitioner has prayed for the following relief(s):- Patna High Court CR. WJC No.286 of 2026(2) dt.12-02-2026 2/3 “I. Issue a writ of habeas corpus commanding the respondent authorities to produce the minor children namely Anjali Kumari aged about 9 years and Dev Raj aged about 7 years who is respondent no.11 to 12) before this Hon’ble Court. II. Direct the immediate release of the minor children of the petitioner from the illegal custody of the respondent no. 7 to 10 and restore the children to the petitioner. III. Direct to police authorities to assist in securing the release of the minor children of the petitioner and restore their liberty. IV. For such other relief or reliefs as the petitioner may to found entitled in the eye of law.” 2. The brief facts of the case as per the petitioner is that he was married to one Neha Kumari in accordance with Hindu rites and customs. Out of the said wedlock, two children were born. It is stated that due to alleged continuous cruel behaviour and harassment on the part of the wife, the petitioner instituted a matrimonial case before the Civil Court at Patna. Subsequently, after the unfortunate demise of his wife, it is alleged that the petitioner’s in-laws unlawfully took custody of his minor child and forcibly occupied the petitioner’s residential house. Patna High Court CR. WJC No.286 of 2026(2) dt.12-02-2026 3/3 3. Considering the facts and circumstances of the case, this Court is of the opinion that the dispute raised involves adjudication of custody rights. Such issues are appropriately to be examined by the competent Family Court under the provisions of the Hindu Minority and Guardianship Act, 1956. 4. Accordingly, it would be appropriate for the petitioner to file an application before the Family Court having competent jurisdiction. In the event, such an application is filed, the concerned Family Court shall consider and decide the same, in accordance with law, preferably within a period of one year from the date of its filing. 5. With the aforesaid observation, the present application stands disposed of. 6. Pending application(s), if any, shall also stand disposed of. Gaurav Kumar, Ibrar/- (Sudhir Singh, J.) (Rajesh Kumar Verma, J.) U