Writ of Habeas Corpus cannot be maintained for a minor involved in an ongoing police case.

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

2 11-12-2025 Heard learned counsel for the petitioner and learned AC to AG for the State of Bihar.

2. The petitioner in this writ application is seeking a writ in the nature of Writ of Habeas Corpus directing the respondents to produce the victim girl whom she has been calling her daughter-in-law.

3. According to the petitioner, her son, namely, Aditya Tiwari @ Manish Kumar has solemnised marriage with the girl. We are not disclosing the name of the girl for the reason that admittedly, she seems to be a minor one. In paragraph ‘5’ of her writ petition, the petitioner has though claimed that the victim girl is major but her date of birth has been disclosed as 22.01.2008. In this regard, the petitioner has brought on record Annexure ‘P/1’ which is the copy of the marksheet showing the marks obtained by the victim in her Class 10 examination. The marksheet also contains her date of birth as 22.01.2008.

4. On perusal of the writ application, it further appears that father of the victim girl has lodged a first information report being Gardanibagh P.S. Case No. 666 of 2025. The petitioner claims that in connection with the said case, her son, namely, Ganesh Tiwari was illegally detained for four days before his production in the court of learned Jurisdictional Magistrate. Learned counsel for the petitioner has informed this Court that the son of the petitioner has got bail yesterday from the court of learned Chief Judicial Magistrate, Patna and has been released.

5. Learned AC to AG submits that on her own saying, the petitioner cannot maintain this application for Writ of Habeas Corpus. The victim girl is a minor and in connection with her allurement and taking away by the son of the petitioner, father of the victim girl has lodged a first information report and in connection with the said case, son of the petitioner was arrested.

6. Having regard to the entire facts and circumstances of the case, we are of the considered opinion that this writ application is completely misconceived. The victim girl being a minor and in connection with her taking away, a police case has been filed by her father, we are of the considered opinion that the said writ application is required to be dismissed.

7. The writ application is dismissed accordingly.

(Rajeev Ranjan Prasad, J)