Subhash Kumar Agrawal Vs the State of Jharkhand through the Principal Secretary Home Department, Govt. of Jharkhand

Neutral Citation No. ( 2026:JHHC:11561-DB )

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.)(H.B.) No. 59 of 2026

Subhash Kumar Agrawal, aged 27 years, s/o Harihar Prasad Agarwal, Resident of village-Lenjwa, Aurugerua, P.O. & P.S.Hunterganj, District-Chatra, Jharkhand.

¶5

..… Petitioner

¶6

Versus

¶7

1.The State of Jharkhand, through the Principal Secretary, Home Department, Government of Jharkhand, Project Building, Dhurwa, PO & PS – Dhurwa, District- Ranchi. 2.Director General of Police, Police Headquarter, Near Project Building, Dhurwa, PO & PS – Dhurwa, District-Ranchi. 3.The Superintendent of Police, PO & PS – Hunterganj, District - Chatra, Jharkhand.

¶8

4.The Officer in Charge, Hunterganj Police Station, District Chatra, Jharkhand

¶9

5.Bihari Mistry, son of Late Dukhan Mistry, Resident of Village-Lenjwa, Aurugerua, PO & PS – Hunterganj, DistrictChatra, Jharkhand

¶10

….. Respondents

¶11

¶12

CORAM:HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SANJAY PRASAD

¶13

---------For the Petitioner : Mr. Anil Kumar, Advocate For the State : Mr. Sahbaj Akhtar, A.C. to A.A.G.-III For the Resp.No.5 : Mrs. Sadhna Kumar, Advocate ----------

¶14

07/17.04.2026

¶15

(Per:Sujit Narayan Prasad, J)

¶16

1. The instant writ petition has been filed under Article 226 of the Constitution of India for the following reliefs:-

¶17

a. Issuance of writ(s), direction(s), order(s), preferably of the nature of Habeas Corpus directing the State respondents to produce wife of the petitioner, Kajal Kumari, who has been illegally and forcefully detained by her father i.e. respondent no.5 since 01.07.2025 and further

¶18

1

¶19

Neutral Citation No. ( 2026:JHHC:11561-DB )

¶20

directing the respondent no.5 to release the legally wedded wife of the petitioner forthwith to enable her to live her life as per her own free will and choice.

¶21

b. Issuance of a writ in the nature of Mandamus, or any other appropriate writ(s), order(s), or direction(s), directing Respondent No’s. 3 and 4 to provide adequate security & protection to the petitioner and his wife namely Kajal Kumari, who are facing a grave threat to their life & personal liberty at the hands of the private respondent No.5 in the view of ratio laid down in catena of judgment rendered by the Hon’ble Supreme Court and/or

¶22

c. Pass such other order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice.

¶23

Factual Matrix

¶24

2. The petitioner, aged about 27, and his wife namely Kajal Kumari, aged about 18 years and eight (08) months, as evident from her Aadhar Card and Certificate dated 02.09.2023 issued by the Jharkhand Academic Council, Ranchi, wherein her date of birth is mentioned as 18.04.2007. the petitioner and his wife namely, Kajal Kumari, who were the residents of the same village, came in contact and developed mutual affection for each other. They wanted to get married and though family of the petitioner approved of their intention, the family of the wife/Kajal Kumari did not agree and her father even subjected her to

¶25

2

¶26

Neutral Citation No. ( 2026:JHHC:11561-DB )

¶27

cruelty and torture as the petitioner and his wife belong to different castes.

¶28

Therefore, on 25.03.2025, Kajal Kumari contacted the petitioner to inform him about the ill treatment meted out to her by her family and inability to live peacefully therein and expressed her desire to live with the petitioner.

¶29

2 (i). On the very next day, i.e. on 26.03.2025, Kajal Kumari left her parental home out of her own sweet will and went to Patna along with the petitioner without any persuasion made by the petitioner and being both major decided to given their relationship a legal status by solemnizing their marriage on 23.06.2025 before Marriage Officer, Patna City and got their marriage registered at Patna on 23.06.2025 being Certificate No.124 of 2025 dated 23.06.2025 issued by Marriage Officer, Patna. The photographs were also clicked during the marriage ceremony held on 23.06.2025.

¶30

2 (ii). Respondent No.5, being the father of Kajal Kumari lodged a F.I.R. being Hunterganj P.S. Case No. 65 of 2025 dated 28.03.2025, under Section 96 of the B.N.S. against the petitioner wherein it has been alleged in the said F.I.R. that on 26.03.2025, daughter of the Informant, at about 9’ clock, went to school for submitting her class 12^th Practical copy but till 4.00 clock, she did not return home. On search, villagers informed him that petitioner took his daughter in his bike. Thereafter, informant and his son went to the house of petitioner, but the petitioner was not available at his home. The father of petitioner informed him that he has no knowledge about them. He tried to call his

¶31

3

¶32

Neutral Citation No.

¶33

( 2026:JHHC:11561-DB )

¶34

son but the phone of the petitioner was switched off. The father of the petitioner also tried to find whereabout of his son from his relatives but no information was obtained from anywhere. Hence, the Informant has firm belief that the petitioner has taken his daughter somewhere. 2 (iii). After the solemnization of their marriage, the petitioner along with wife, Kajal Kumari, have been arrested by the Police at Patna on 30.06.2025, wherein she clearly deposed before the authorities that she had voluntarily accompanied the petitioner and out of her own will and have solemnized marriage with the petitioner without any force or coercion and expressed her unequivocal desire to live with the petitioner.

¶35

2 (iv). Instead of allowing the corpus to accompany the petitioner as per her declared wish, the Police handed over the corpus to her father and family members against her free will, and took the petitioner into custody for the offence under section 96 of the B.N.S. Left with no option, the Petitioner preferred regular bail being B.A no. 8253 of 2025 before this Hon'ble High Court and bail was granted vide order dated 21.11.2025.

¶36

2 (v). The Petitioner, through his father, has filed a representation dated 25.08.2025 before the Superintendent of Police, Chatra, on the basis of notarized affidavit made before in-charge Superintendent, Mandal Kara, Chatra, wherein his father narrated the facts that his son has lawfully performed marriage with the Kajal Kumari on 23.06.2025 at Patna and despite her voluntary statement before the police authorities, she was forcibly handed over to her father and was confined in her parental house. It has

¶37

4

¶38

Neutral Citation No. ( 2026:JHHC:11561-DB )

¶39

also been brought to the notice of the authorities that the private Respondent No.5 continuously torturing Kajal Kumari and pressurizing her to depose falsely against the petitioner as well as giving threat to petitioner and his family members with dire consequences including threat to kill. However, till date no effective action has been taken by the police authorities. The father of the Petitioner has also enclosed the letter written by the Kajal Kumari to Officer incharge, Hunterganj Police Station which is self-explanatory that Corpus Kajal Kumari want to live with the Petitioner as they have performed marriage. 2 (vi). It has further been stated that after the grant of regular bail by this Hon'ble Court, the Petitioner also made representation to Officer In-charge, Hunterganj Police Station, Chatra on 06.12.2025 and disclosed the real facts and apprised him about the imminent and continuous threat to their life. The petitioner also informed the concern authority that Private respondent No. 5 is not allowing his daughter to go to her matrimonial home and creating pressure for 2nd marriage.

¶40

Thereafter, officer-in-charge of the Hunterganj P.S. issued notice dated 08.12.2025 for their appearance on 10.12.2025. However, inspite of notice, the Corpus Kajal Kumari, Dasrath Kumar and Respondent No. 5 did not appear. The respondent no. 5 is not allowing the petitioner to meet his wife-Kajal Kumari, i.e. the Corpus. 2 (vii). Again, Petitioner filed a representation to the In-charge, Mahila Police Station, Chatra on 11.12.2025, wherein and whereby it has been stated that Kajal Kumari (Corpus) is the legally wedded wife of the Petitioner and his

¶41

5

¶42

Neutral Citation No. ( 2026:JHHC:11561-DB )

¶43

wife at the time of marriage was aged about 18 years and 2 months and though they belong to different castes but both are Hindus.

¶44

2 (viii). The Petitioner also informed through his representation that his father-in-law is against their marriage and has filed a false and fabricated FIR being Hunterganj Police Station Case No. 65 of 2025 against him and both of them wants to live with each other. The petitioner also informed the authority that the family members of his wife want to perform second marriage of his wife and his wife is being mentally and physically abused by her parents and there is imminent threat to her life in case she disobeys the wishes of her family members.

¶45

Arguments advanced on behalf of the learned counsel for

¶46

the petitioner .

¶47

3. Mr. Anil Kumar, learned counsel for the petitioner has submitted that although the petitioner and the corpus, Kajal Kumari, continue to accept each other as husband and wife by virtue of their valid marriage which was held at Patna, yet the parents and relatives of Kajal Kumari are constantly exerting pressure upon the petitioner and his family members by issuing threats and making attempts to forcibly separate them. 4. Further it has been submitted that the private respondent No.5, who has been totally against their marriage from the very beginning, have now made it a matter of prestige and is adamant in his opposition by resorting to harassment, intimidation and repeated threats to them.

¶48

6

¶49

Neutral Citation No. ( 2026:JHHC:11561-DB )

¶50

5. It has also been submitted that the life and liberty of petitioner and his wife is under continuous grave threat. Despite submission of a representation before the concerned authorities, along with a copy of the marriage certificate, the respondent authority has neither took any action nor extended any protection to the petitioner. Therefore, by way of present application, the petitioner seeks indulgence of this Hon'ble Court for redressal of his grievances.

¶51

6. Learned counsel for the petitioner has relied upon the judgment of the Hon'ble Supreme Court in Bhagwan Dass v. State (NCT of Delhi) , reported in (2011) 6 SCC 396 , wherein the Apex Court held that interference by family members or community in the marital choice of consenting majors is wholly illegal and unconstitutional. The Hon'ble Court further observed that attempts to prevent such unions or to forcibly separate a lawfully wedded couple amount to an egregious violation of their fundamental rights under Articles 19 and 21 of the Constitution of India.

¶52

It is submitted that in the present case, the illegal act of Respondent Nos. 5 in forcibly detaining the corpus (legal wedded wife of the Petitioner), and the inaction of the police authorities in protecting the life and liberty of the petitioner and his wife, are squarely covered by the ratio laid down in the aforesaid judgment. Hence this Hon'ble Court is empowered to issue necessary directions for the release and protection of the corpus. 7. It is submitted that time and again the Hon'ble Supreme Court has strongly deprecated the interference by parents, relatives, or even Courts in such

¶53

7

¶54

matters, and ruled that any attempt to nullify or obstruct a valid marriage between consenting adults amounts to an impermissible encroachment on constitutional freedoms. Applying the ratio of those judgments, the illegal detention of the petitioner's wife Kajal Kumari, by Private Respondent Nos. 5, despite her clear and voluntary wish to live with her lawfully wedded husband, constitutes a gross violation of her fundamental rights, warranting immediate intervention of this Hon'ble Court.

¶55

8. It is submitted by learned counsel for the petitioner that several judgments by the Hon'ble Supreme Court, wherein the Apex Court categorically held that once a person attains the age of majority, he or she is entitled to marry a person of his or her own choice, and neither the parents, relatives, nor society can interfere in such a decision. The Hon'ble Supreme Court has further observed that any harassment, threats, or acts of violence against couples entering into inter-caste or inter-religious marriages are wholly illegal.

¶56

Arguments advanced on behalf of the State and the Respondent No.5.

¶57

9. While on the other hand, it is submitted by learned counsel for the State as well as the learned counsel for Respondent No.5 that a report through memo No. 499/2026 dated 08.03.2026 has been submitted by the Officer-in-Charge, Hunterganj Police Station mentioning therein that in the light of writ petition, the statement of the victim has been recorded via videography wherein she stated that she wished to reside at her father's home of her own

¶58

8

¶59

Neutral Citation No.

¶60

( 2026:JHHC:11561-DB )

¶61

free will and to this effect an written application was also submitted by the victim.

¶62

10. It is submitted that an FIR has been registered on the basis of written report submitted by the father of the victim alleging therein that his daughter (victim), aged 17 years, had left the house for submitting practical exam copy to the Aurugerua High school but even in the late evening she did not return home. Therefore, Hunterganj P.S. Case No. 65 of 2025 dated 28.03.2025 u/s 96 of BNS has been registered against the petitioner as respondent no. 5 has received information from villagers that petitioner took his daughter.

¶63

11. It has further been submitted that upon getting secret information the Investigating Officer, along with Armed Force and lady constable, went to Patna Bhudha Colony Police Station and made raid at 16 North Colony temple from where the victim was recovered and the petitioner has been arrested, which has come at para 32, 36 and 37 of the Case Diary and during investigation restatement of informant as well as statement of other witnesses have been recorded at para 3, 8, 9 & 10 of Case Diary, who have supported case of prosecution.

¶64

12. It has been submitted that during investigation, confessional statement of the petitioner has been recorded in which he confessed his guilt and told that they both are in love and decided to marry with the victim and accordingly, on 20.03.2025, without informing the family took the victim on his motorcycle and went to Patna and started living in a rented room there and performed

¶65

9

¶66

court marriage with victim which has come at para 42 of Case Diary.

¶67

13. It is submitted that during investigation educational certificate of the victim has been provided by the victim according to which her date of birth was 18.04.2007 which has come at Para 69 of the Case Diary and after completion of investigation, the Investigating Officer of this case has submitted charge sheet vide charge sheet No.97/2025 dated 16.08.2025 Under Section 96, 64(i) of BNS and 4/6 POCSO Act against the petitioner which has come at Para 82 of the Case Diary.

¶68

14. Mrs. Sadhna Kumar, learned counsel appearing for Respondent No.5, has submitted by filing the counter affidavit that the Corpus is not ready to reside with the petitioner and therefore, the petitioner is not entitled for the relief sought for and as such the writ petition has got no merit and is liable to be dismissed.

¶69

Analysis

¶70

15. This Court has heard the learned counsel for the parties and taken into consideration the submissions made before the court.

¶71

16. It needs to refer herein that on earlier occasion i.e. on 09.04.2026, this court has directed the respondent no. 5 to secure the presence of the corpus. For ready reference the order dated 09.04.2026 is being referred herein below-

¶72

“06/Dated: 09th April, 2026

¶73

1. The writ petition has been filed under Article 226 of the Constitution of India seeking a

¶74

10

¶75

Neutral Citation No. ( 2026:JHHC:11561-DB )

¶76

direction to produce the corpus, namely, Kajal Kumari, to whom the petitioner has solemnized marriage and now she has allegedly been confined under the custody of the respondent No.5.

¶77

2. This Court had issued notice upon the respondent No.5 as per the order dated 09.02.2026.

¶78

3. Ms. Sadhna Kumar, learned counsel has put her appearance to represent the respondent No.5. 4. This Court is of the view that the physical appearance of the corpus is required, as such, the respondent No.5 is directed to produce the corpus on 17.04.2026 and on that date, the respondent No.5 shall also appear physically.

¶79

5. Let the petitioner also appear physically on the said date. 6. Let this matter be listed on 17.04.2026.”

¶80

17. This Court has asked the learned counsel for the Respondent to produce the Corpus and she has submitted that the Corpus is present in the Court in compliance of order dated 09.04.2026. 18. We, after following the ratio laid down by Hon'ble Apex Court in the case of Devu G. Nair v. The State of Kerala & Others [(2024) Live Law (SC) 249], have interacted with the daughter of the Respondent No.5 by putting a question as to whether she is feeling comfortable in interacting with the Court. She has stated that she is much comfortable.

¶81

11

¶82

Neutral Citation No. ( 2026:JHHC:11561-DB )

¶83

Thereafter, this Court has communicated with the Corpus. The Corpus has stated that she is not willing to go with the writ petitioner.

¶84

19. This Court, after hearing learned counsel for the parties and taking into consideration the scope of the writ of Habeas Corpus and in view of the fact that the Corpus has stated before this Court that she is not willing to live together with the Petitioner herein, comes to the conclusion that this case does not appear to be a case of forceful detention of the Corpus by his father.

¶85

20. Under the circumstances, this writ petition is, accordingly, dismissed.

¶86

(Sujit Narayan Prasad, J.)

¶87

(Sanjay Prasad, J.)

¶88

s.m. Dated 17.04.2026

¶89

12

Subhash Kumar Agrawal v. the State of Jharkhand through the Principal Secretary Home Department, Govt. of Jharkhand

Case brief

What is this about?

What did the court decide?

Subhash Kumar Agrawal v. the State of Jharkhand through the Principal Secretary Home Department, Govt. of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sanjeev Kumar Panday Vs Vibharani Pandey

Champa Kachhap Vs Chintamani Kumari

Anamika Mishra Vs Shandilya Aloke Kumar

Nowel Sandi Purty Alias Novel Sandi Purty Alias Suleman Sandi Purty Alias Koche Alias Abhiram Vs the State of Jharkhand

Vikash Anand Ojha Alias Abhishek Alias Chhote Alias Chhotu Vs Union of India through National Investigating Agency, New Delhi

Villagers of Hariharpur, Circle Birni, Represented through Pappu Kumar Saw Vs the State of Jharkhand