Santosh Paswan @ Santosh Kumar Paswan vs The State Of Bihar Through The Principal ...
2023 Latest Caselaw 5961 Patna

Patna High Court

Santosh Paswan @ Santosh Kumar Paswan vs The State Of Bihar Through The Principal ... on 11 December, 2023

Author: P. B. Bajanthri

Bench: P. B. Bajanthri

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Criminal Writ Jurisdiction Case No.1301 of 2023
          Arising Out of PS. Case No.-49 Year-2023 Thana- RAHIKA District- Madhubani
     ======================================================
     Santosh Paswan @ Santosh Kumar Paswan, Son of Ram Preasad Paswan,
     resident of village Selara, PS- Jay Nagar, Distt Madhubani.

                                                                       ... ... Petitioner.
                                  Versus
1.   The State of Bihar through the Principal Secretary, Home (Police)
     Department, Bihar, Patna.
2.   The District Magistrate, Madhubani.
3.   The Superintendent of Police, Madhubani .
4.   The Sub-Divisional Police Officer, Jaynagar, District- Madhubani.
5.   The Incharge/ Superintendent Remand Home, Madhubani.
6.   S.H.O. Rahika Police Station, Rahika, Dist-Madhubani.
7.   Manju Devi, Wife of Deepak Mandal, Resident of Village- Sharokhar, P.S.-
     Rahika, Dist- Madhubani.
8.   Laxmi Kumari, daughter of Deepak Mandal, wife of Santosh Paswan,
     Resident of Village- Selara, P.S.- Jay Nagar, Dist- Madhubani.

                                               ... ... Respondents.
     ======================================================
     Appearance :
     For the Petitioner      :        Mr. Ratanakar Jha, Advocate.
     For the State           :        Mr. P.N. Sharma, AC to AG.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE RAMESH CHAND
     MALVIYA
     ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 11-12-2023

In the instant petition, the petitioner has prayed for the

following relief(s):

(i) To issue an appropriate order/s, direction/s including a writ prefereably in the Nature of HABEAS CORPUS directing the State Respondents to release the private respondent Patna High Court CR. WJC No.1301 of 2023 dt.11-12-2023

no.8 who happens to be the legally wedded wife of the petitioner unlawful detained in Remand Home Madhubani in connection with Rahika P.S. Case No.49 of 2023 for the offence punishable under sections 341, 323, 363, 366(A), 504 and 506 of the Indian Penal Code.

(ii) To any other relief's to which the petitioner may be found entitled in the facts and circumstances of the case.

2. During the pendency of the present petition, corpus

was recovered by the police authorities on 29.03.2023 and she is

not willing to go with her parents, in the result the police

authorities have kept the corpus in Remand Home, Madhubani.

3. Accordingly, the present petition stands disposed of

reserving liberty to the petitioner to resort appropriate remedy.

(P. B. Bajanthri, J)

( Ramesh Chand Malviya, J)

P.S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          12.12.2023.
Transmission Date       NA