JUDGMENT :

SUJIT NARAYAN PRASAD, J.

1. The instant criminal writ petition has been filed under Article 226 of the Constitution of India for issuance of writ of habeas corpus directing the respondent nos. 2-4 to immediately and forthwith release the minor son of the petitioner, namely, Abu Hamza, aged about 10 years, who has been illegally detained by the respondent no. 5 without having legal entity.

Facts:

2. The brief facts of the case as per the pleading made in the writ petition which requires to be enumerated herein, reads as under:

The marriage of the petitioner was solemnized on 18.03.2009 with Sadab Sadaf, daughter of Jalilrur Rahman, as per the Muslim Rituals and Law.

The wife of the petitioner has left him, but, while doing so, she has given him a son namely Abu Hamza on 18.07.2013 for his survival and the son was studying in the Delhi Public School, Hazaribagh.

The wife of the petitioner became ill and for better medical treatment in the month of October, 2023, the petitioner has bought her at Anjuman Hospital, Ranchi and her treatment continued for about 17 days in Ranchi and all the expenses were incurred by the present petitioner being the husband. Thereafter, when the wife o