HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Habeas Corpus Petition No. 91/2026 Sabir Sheikh S/o Shri Sherudin Sheikh, Aged About 40 Years, Resident Of Purani Dhanmandi, Madina Chowk, Bhilwara, District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Home Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Superintendent Of Police, Bhilwara, Rajasthan.

3. The Station House Officer, Police Station Bhimgunj, Bhilwara, Rajasthan.

4. Sahil Bisayati S/o Salauddin Bisayati, Resident Of Purani Dhanmandi, Bhilwara, District Bhilwara, Rajasthan.

5. Kamaludin, S/o. Unknown, Resident Of Bhilwara, Bhimgunj, District Bhilwara, Rajasthan.

6. Salauddin, S/o. Unknown, Resident Of Purani Dhanmandi, Bhilwara District Bhilwara, Rajasthan.

7. Irshad Bisayati, S/o. Unknown, Resident Of Purani Dhanmandi, Bhimgunj, Bhilwara District Bhilwara, Rajasthan.

8. Rahmanuddin Bisayati, S/o. Unknown, Resident Of Purani Dhanmandi, Bhimgunj, Bhilwara District Bhilwara, Rajasthan.

9. Imran Bisayati, S/o. Unknown, Resident Of Purani Dhanmandi, Bhimgunj, Bhilwara District Bhilwara, Rajasthan.

10. Aashik Ali, S/o. Unknown, Resident Of Purani Dhanmandi, Bhimgunj, Bhilwara District Bhilwara, Rajasthan.

11. Wasim, S/o. Unknown, Resident Of Purani Dhanmandi, Bhimgunj, Bhilwara District Bhilwara, Rajasthan.

12. Reshma, W/o. Unknown, Resident Of Purani Dhanmandi, Bhimgunj, Bhilwara District Bhilwara, Rajasthan.

13. Sabir Bisayati, S/o. Unknown, Resident Of Purani Dhanmandi, Bhimgunj, Bhilwara District Bhilwara, Rajasthan.

----Respondents For Petitioner(s) : Mr. Bharat Gurjar For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG Mr. Naman Mohnot, for respondent No.4 Mr. Sitaram, ASI, P.S. Bhimgunj, Bhilwara HON'BLE MR. JUSTICE VINIT KUMAR MATHUR HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA

Order

23/03/2026

1. Heard learned counsel for the parties.

2. The present habeas corpus petition has been filed by the petitioner, who is the father of the corpus Mst. ‘M’. It has been alleged in the petition that the corpus Mst. ‘M’ is in illegal detention of private respondent Nos.4 to 13.

3. In pursuance of the directions issued by this Court, the corpus Mst. ‘M’ was produced this Court. On being confronted with her by the co-ordinate Bench of this Court, she was adamant that she is major and wanted to go and live with respondent No.4 only, therefore, the co-ordinate Bench vide order dated 27.02.2026 sent the corpus Mst. ‘M’ to Balika Grah, Ajmer and from there, she has been produced before this court today.

4. Learned counsel for the petitioner submits that as per the documents produced on record, the date of birth of the corpus Mst. ‘M’ is “09.12.2008” and since she is a minor, therefore, her custody cannot be handed over or allowed to be retained by the private respondents. Learned counsel further submits that the corpus Mst. ‘M’ is in illegal detention of the private respondents and, therefore, her custody may be handed over to the petitioner, who is the father of the corpus Mst. ‘M’.

5. Learned AAG has produced before this Court the documents recovered by the Police during the course of investigation. Learned AAG submits that in the first school certificate of the corpus Mst. ‘M’ her date of birth is reflected as “12.09.2006”. A copy of the registration form of LKG issued under the signatures of Head Mistress of The Wisdom Home School, Bhilwara has been produced before us along with the Scholar Register of the same school and the birth certificate issued by the Registrar of the Directorate of Economic and Statistics, Bhilwara showing the date of birth of the corpus Mst. ‘M’ as “12.09.2006”.

6. In support of his submissions, learned AAG has produced some other documents before this Court, wherein the date of birth has been shown as “12.09.2006”. An affidavit under the signatures of the petitioner has also been produced showing the date of birth of the corpus Mst. ‘M’ as “12.09.2006”. On the strength of these documents, learned AAG submits that