Citation : 2026 Latest Caselaw 1046 Jhar
Judgement Date : 12 February, 2026
2026:JHHC:3873-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(Cr.) (DB) (H.B.) No.671 of 2025
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Deepak Kumar, aged about 21 years, Son of Shri Kameshwar Saw, Resident of Village- Oriya, P.O.- Oriya, P.S.-Hazaribagh Muffasil, District- Hazaribagh, Jharkhand.
... ... Petitioner
Versus
1. The State of Jharkhand, through the Principal Secretary, Home Department, Government of Jharkhand, Ranchi.
2. The Superintendent of Police, Hazaribagh.
3. The Station House Officer, Hazaribagh Muffasil Police Station, Hazaribagh.
4. Amjad Ansari, Son of Imaaman, Resident of Village- Baihari, P.O.- Oriya, P.S. Hazaribagh Muffasil, District- Hazaribagh, Jharkhand.
5. Iftikhar Ansari, Son of Imaaman, Resident of Village- Baihari, P.O.- Oriya, P.S.- Hazaribagh Muffasil, District- Hazaribagh, Jharkhand. ... ... Respondents
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CORAM:HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE ARUN KUMAR RAI
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For the Petitioner : Mr. Jagdeesh, Advocate For the State : Mrs. Moushmi Chatterjee, AC to GA-V. For the Resp. Nos.4&5 : Mr. Hemant Kr. Shikarwar, Advocate
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Order No. 06/Dated 12 February, 2026 th
1. The present writ petition has been filed under
Article 226 of the Constitution of India seeking therein the
following reliefs :-
a. For issuance of an appropriate writ, order, or direction in the nature of Habeas Corpus, or any other suitable writ, order, or direction, directing Respondent Nos. 2 to 5 to produce the corpus, namely the wife of the petitioner, Sana Parween, who has been in the exclusive and forceful custody of Respondent Nos. 4 and 5 and their family members since 21.04.2025, before this Hon'ble Court, and further to release the corpus forthwith so as to enable her to live her life as per her own free will and choice.
2026:JHHC:3873-DB
b. For issuance of a writ in the nature of Mandamus, or any other appropriate writ, order, or direction, directing Respondent Nos. 2 and 3 to provide adequate security and protection to the petitioner and the corpus, namely the wife of the petitioner, Sana Parween, who are facing a grave threat to their personal life and liberty at the hands of the private respondents, in the light of the judgment of the Hon'ble Supreme Court in Bhagwan Das v. NCT of Delhi, (2011) 6 SCC 396, and Lata Singh v. State of U.P., (2006) 5 SCC 475 and Shafin Jahan v. Asokan K.M., (2018) 16 SCC 368."
2. This Court thought it proper, on consideration of
the ground taken in the present writ petition of detention of
the daughter of the Respondent No.4, to whom the
marriage has been said to be solemnized with the writ
petitioner.
3. This Court, in view of the judgment passed by
Hon'ble Apex Court in the case of Devu G. Nair v. The
State of Kerala & Others [(2024) Live Law (SC) 249],
has called upon the daughter of the Respondent No.4.
4. We, after following the ratio laid down by Hon'ble
Apex Court in the case of Devu G. Nair v. The State of
Kerala & Others (Supra), have interacted with the
daughter of the Respondent No.4 by putting a question as
to whether she is feeling comfortable in interacting with the
Court. She has stated that she is much-much comfortable.
5. This Court has posed another query that whatever
is being said by her whether it is under the prompting of
2026:JHHC:3873-DB
her mother or father, she has totally denied the same and
has stated that what will be said by her is on her own sweet
will and with all conscience.
6. The daughter of the Respondent No.4 has further
stated that she wants to live with her family.
7. She has further stated that she wants to pursue
higher studies and does not want to live with the petitioner.
8. Mr. Jagdeesh, learned counsel for the petitioner,
after hearing the aforesaid interaction, has sought for leave
of this Court to withdraw this writ petition.
9.Accordingly, this writ petition is dismissed as withdrawn
and as such, disposed of.
10. Pending interlocutory application, if any, also
stands disposed of.
(Sujit Narayan Prasad, J.)
(Arun Kumar Rai, J.) 12th February, 2026
Birendra/
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