Disposed

Rakesh Kumar Bhelloriya @ Rakesh Bhelloriya @ Rakesh Kumar v. The State of Bihar through the Director General of Police, Bihar, Patna

Patna HC14 Nov 2022CR. WJC/1023/2022

Case brief

AI extract

What is this about?

This criminal writ application concerning the alleged unlawful detention of the petitioner's wife is disposed of by the High Court, noting that the remedy under Section 98 of the Cr.P.C. remains the appropriate forum for such grievances.

What did the court decide?

The application was disposed of with liberty to the petitioner to invoke Section 98 of the Cr.P.C. for release of the wife.

Rakesh Kumar Bhelloriya @ Rakesh Bhelloriya @ Rakesh… — Matrimonial and Divorce | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1023 of 2022

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Arising Out of PS. Case No.-424 Year-2021 Thana- GAYA KOTWALI District- Gaya

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======================================================

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RAKESH KUMAR BHELLORIYA @ RAKESH BHELLORIYA @ RAKESH KUMAR S/o Devendra Kumar Bhelloriya Resident of A/P-B-52 Flat No. 6, Gali No. 5 Mandawali, Unchapar, Shakarpur, Baramad, East Delhi, Permanent R/o- Bhelloriya Bhawan Nai Godamm, Ramdhanpur, P.S.Kotwali, District- Gaya

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... ... Petitioner/s

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Versus

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The State of Bihar through the Director General of Police, Bihar, Patna Bihar

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The Deputy Inspector General of Police, Magadh Range, Gaya Bihar

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The Senior Superintendent of Police Bihar

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The S.H.O., Kotwali P.S., Gaya Bihar

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Yogendra Kumar S/o Shammbhu Sharan Sharma R/o village- Sahbajpur, P.O.- Aima, P.S.- Kizarsarai, District- Gaya

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Bijendra Kumar S/o Shambhu Sharan Sharma R/o village- Sahbajpur, P.O.Aima, P.S.- Kizarsarai, District- Gaya

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Priyanshu Anand S/o Yogendra Kumar R/o village- Sahbajpur, P.O.- Aima, P.S.- Kizarsarai, District- Gaya

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Priyanjali Anand D/o Yogendra Kumar, W/o Rakesh Kumar A/p VillageSahbajpur, P.O.- Aima, P.S.- Khizarsarai, District- Gaya

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Pandey, ADvocate For the Respondent/s : Mr.Lalit Kishore (A.G.) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH)

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4 14-11-2022 There is a typographical error in the order dated 12.09.2022 in which 'appellant' has been typed in place of 'petitioner'.

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Patna High Court CR. WJC No.1023 of 2022(4) dt.14-11-2022 2/3

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The said order dated 12.09.2022 shall be read accordingly.

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The present criminal writ application has been filed by the petitioner on the premise that respondent No. 8 is his legally married wife who has been confined by her parents, respondents No. 5 and 6 and her brother, respondent No. 7. The petitioner is seeking a direction to release his wife from the custody of the said respondents so as to enable the petitioner and respondent No. 8 to lead a peaceful conjugal life.

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In our view, Section 98 of the Cr.P.C. provides forum for redressal of the nature of grievance which is being raised in the present writ application. The said section reads as under :-

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" 98. Power to compel restoration of abducted females .- Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years, for any unlawful purpose, a District Magistrate, Sub- divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary."

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Indisputably, the petitioner has not invoked Section 98

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Patna High Court CR. WJC No.1023 of 2022(4) dt.14-11-2022 3/3

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of the Cr.P.C. by approaching the District Magistrate, SubDivisional Magistrate or Magistrate of first class for release of respondent No. 8, who, according to the petitioner, is in unlawful detention of her parents.

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This application is accordingly disposed of with a liberty to the petitioner to invoke Section 98 of the Cr.P.C.

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(Chakradhari Sharan Singh, J)

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( Chandra Prakash Singh, J)

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Rajesh/-

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U T

Rakesh Kumar Bhelloriya @ Rakesh Bhelloriya @ Rakesh Kumar v. The State of Bihar through the Director General of Police, Bihar, Patna

Case brief

What is this about?

What did the court decide?

Rakesh Kumar Bhelloriya @ Rakesh Bhelloriya @ Rakesh Kumar v. The State of Bihar through the Director General of Police, Bihar, Patna

Case brief

What is this about?

What did the court decide?

What the court decided

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