Disposed

Mantu Nirala v. The State of Bihar through the Additional Chief Secretary, Home Dept., Govt. of Bihar, Patna

Patna HC1 Jul 2024CR. WJC/1078/2024

Case brief

AI extract

What is this about?

Habeas corpus petition by a husband seeking production of his wife allegedly detained by her father. The wife appeared before the court and stated she did not wish to join the petitioner. Holding the petition not maintainable on that basis, the court disposed of it; a Section 9 Hindu Marriage Act petition is pending before the family court.

What the court decided

AI extract

Mantu Nirala Vs The State of Bihar through the… — Matrimonial and Divorce | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1078 of 2024

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Arising Out of PS. Case No.-213 Year-2024 Thana- MUZAFFARPUR TOWN District-

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Muzaffarpur

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

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Mantu Nirala S/O Dipty Ram R/o Kusumha PS Ayer Distt Bhojpur, Ara At prenet-H. No.-14A, Sainik Enclave part 3, CRPF Camp, Pole no. 159, Jharoda kalan, South West Delhi, Delhi-110072

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... ... Petitioner/s

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Versus

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The State of Bihar through the Additional Chief Secretary, Home Dept., Govt. of Bihar, Patna Bihar

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The Director General of Police, Bihar, Patna Bihar

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The Inspector General of Police, Bihar, Patna Bihar

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The Senior Superintendent of Police, Muzaffarpur, Bihar

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The Deputy Superintendent of Police, Muzzafarpur, Bihar

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The District Magistrate, Muzzafarpur, Bihar

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The Station House Officer(S.H.O.), Town Police Station, Muzzafarpur, Bihar

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Sujit Kumar R/O Ward no.-06, Village and P.O.- Ghosaut, P.S.-Siwaipatti, Sub division- Minapur, District- Muzaffarpur, Bihar- 843128

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Richa Kumari Wife of Mantu Nirala, D/o Sujit Kumar R/O Kusumha, P.S. Ayer, District- Bhojpur, Ara. At present- Ward no. 06, village and P.O.Ghosaut, P.S.- Siwaipatti, Sub divison- Minapur, District- Muzaffarpur, Bihar 843128

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Mira Kumari, Adv For the Respondent/s : Mr. A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

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3 01-07-2024 In the instant petition, petitioner has prayed for the

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following reliefs:-

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I. For the issuance of the writ of Habeas

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Corpus for production of the wife of the Petitioner

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Patna High Court CR. WJC No.1078 of 2024(3) dt.01-07-2024 2/3

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namely Richa Kumari (Respondent No. 9), who has been illegally detained by the private Respondent no.-8 namely Sujit Kumar, father of Richa Kumari; since 24/02/2024.

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II. For the issuance of writ of mandamus for directing Respondent no.-2 to 7 to provide adequate security to the petitioner, because the petitioner has a threat of his life at the hands of respondent no-8 and his other family members;

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III. For the issuance of writ of mandamus for directing Respondent authorities to investigate the matter and to take action against the private respondent and to procure the wife of the petitioner from illegal and forceful detention of Respondent no.-8;

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IV. For any other relief or reliefs for which the petitioner is legally and validly entitled in the facts and circumstances of the case;

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On 24.06.2024, in order to render justice, we sought presence of Respondent Nos. 8 & 9. 9^th Respondent, Richa Kumari is stated to be wife of the petitioner. Richa Kumari deposed before this Court to the extent that she is not interested

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Patna High Court CR. WJC No.1078 of 2024(3) dt.01-07-2024 3/3

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to join petitioner Mantu Nirala. Therefore, the present habeas corpus is not maintainable. Accordingly, the present petition stands disposed of.

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Learned counsel for the petitioner, on instruction, submitted that petitioner has filed petition under Section 9 of the Hindu Marriage Act before the jurisdictional family court and the same is pending consideration.

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(P. B. Bajanthri, J)

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( Alok Kumar Pandey, J)

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mcv/-

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Mantu Nirala v. The State of Bihar through the Additional Chief Secretary, Home Dept., Govt. of Bihar, Patna

Case brief

What is this about?

What the court decided

Mantu Nirala v. The State of Bihar through the Additional Chief Secretary, Home Dept., Govt. of Bihar, Patna

Case brief

What is this about?

What the court decided

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