HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Habeas Corpus Petition No. 531/2025 Vijay Kumar S/o Badri Ram, Aged About 44 Years, Resident Of Ward No.11, Haripura, Sangariya, District Hanumangarh, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Ministry Of Home Affairs, Rajasthan, Jaipur.

2. The Superintendent Of Police, Hanumangarh.

3. The Station House Officer, Of Police Station Sangariya, District Hanumangarh.

4. Akashdeep Alias Nikka S/o Resham Singh, Resident Of Haripura, Tehsil Sangariya, District Hanumangarh.

5. Resham Singh S/o Dhan Singh, Resident Of Haripura, Tehsil Sangariya, District Hanumangarh.

6. Manju W/o Resham Singh, Resident Of Haripura, Tehsil Sangariya, District Hanumangarh.

7. Jaspreet Singh S/o Resham Singh, Resident Of Haripura, Tehsil Sangariya, District Hanumangarh.

----Respondents For Petitioner(s) : Mr. Baltej Singh For Respondent(s) : Mr. Deepak Choudhary, AAG assisted by Mr. Kuldeep Singh Kumpawat Mr. Vijay Singh, ASI Mrs. Praveen (1014)

Police Station Sangariya, District Hanumangarh HON'BLE MR. JUSTICE ARUN MONGA HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Order

10/02/2026

1. The petitioner before this Court, who claims himself to be maternal uncle of the alleged detenue/corpus (Ms. P), seeks issuance of a writ in the nature of habeas corpus to recover his niece, who is allegedly in illegal confinement of private respondent No.4.

2. Pursuant to notice issued by this Court on 16.12.2025, a report dated 09.02.2026 has been submitted before this Court by learned Additional Advocate General. It is inter alia stated in the report that Ms. P was recovered by the police from Sangaria Railway Station in civil attire in the presence of Lady Constable Mrs. Praveen, and a Recovery Memo was prepared accordingly. After recovery, the statement of the victim, Ms. P, was recorded by the Lady Constable under Section 180 of the BNSS through videography.

3. The alleged detenue has been brought to this Court today. She appears in person along with her married elder biological sister. The mother of the alleged detenue is deceased and the father has abandoned the family, leaving no parental home available to her. On a pointed query by the Court, the alleged detenue categorically and unequivocally states that she had voluntarily left her place of residence, namely the house of her maternal uncle, of her own free will and without any pressure, inducement, or coercion whatsoever. She expressly denies having been subjected to any form of force, restraint, or illegal detention at any stage.

4. The alleged detenue further states that, after being traced by the police authorities, she consciously and deliberately chose to reside with her elder sister, who is married and presently residing at Shaktakhera, Haryana. This decision of hers is stated to be entirely her own and taken after due consideration.

5. Upon further and specific questioning by the Court, the alleged detenue firmly and unambiguously asserts that she does not wish to reside with her maternal uncle under any circumstances and reiterated her clear, consistent, and unwavering preference to live with her sister.

6. In light of the categorical statement of the alleged detenue, as above, which we find voluntary, coherent, and free from any influence, coupled with the police report, ibid, we are of the view that there is no element of illegal detention or unlawful restraint.

7. The minor is not in illegal detention and is residing with her elder sister by her own informed and voluntary choice, which, in the absence of any parental care or home, is not only natural but also appropriate and in the best interest of the minor.

8. Accordingly, the habeas corpus petition is disposed of as no purpose would be served by continuing the present proceedings. (YOGENDRA KUMAR PUROHIT),J (ARUN MONGA),J

12-raksha/-