Dismissed

Bharat Kumar v. State of Rajasthan

Rajasthan HC16 Mar 2023HC/56/2023

Case brief

AI extract

What is this about?

In a habeas corpus petition alleging illegal confinement of the petitioner's wife, the Court examined a factual report and interacted with the woman. She stated she left the petitioner's house due to harassment and resides with respondent no. 4 voluntarily, denying illegal confinement. The Court dismissed the petition.

What did the court decide?

Petition dismissed; police directed to facilitate the return of the corpus to her place of choice.

Bharat Kumar Vs State of Rajasthan — Rajasthan HC (2023) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

D.B. Habeas Corpus Petition No. 56/2023

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Bharat Kumar S/o Shri Shiv Narayan, Aged About 35 Years, 307, Maharana Pratap Nagar, Industrial Area, Pali (Rajasthan).

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----Petitioner

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Versus

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

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Superintendent Of Police, Pali (Rajasthan).

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Station Housing Officer Police Station, Industrial Area, District Pali (Rajasthan).

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Mahendra Singh S/o Shri Bhopal Singh, By Caste Rajput, R/o Rajendra Nagar, Pali (Rajasthan).

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----Respondents

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Petitioner-self	: Mr. Bharat Kumar, present in person
For Respondent(s)	: Mr. M.A. Siddiqui, GA-cum-AAG
	Mr. A.R. Malkani, AAAG
Present in person	: Mr. Hinglaj Dan, S.I., SHO,
	PS Industrial Area, Pali
	Ms. Usha, female const. Batch No.924

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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16/03/2023

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This habeas corpus petition is filed by the petitioner alleging that his wife is in illegal confinement of respondent No.4.

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Learned AAG has submitted a factual report before this Court on the last date of hearing, wherein, the efforts carried out by the police to trace out the corpus have been mentioned.

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Having gone through the factual report, this Court directed the police to continue with the efforts to search out the corpus and

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[HC-56/2023]

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(2 of 2)

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produce her before this Court on the next date of hearing and fixed the next date for 10.04.2023.

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However, learned AAG has informed this Court that as the corpus is present in person before this Court, the matter may be listed today.

¶22

Learned AAG has produced the corpus through police and we have interacted with the corpus, who has specifically stated that at present, she is residing with the respondent No.4 as per her own free will. The corpus has also stated that the petitioner is regularly harassing and beating her after her marriage with him and, therefore, she left his house as per her own free will and at present, she is residing with the respondent No.4. The corpus has also specifically stated that she is not in illegal confinement of the respondent No.4 or of any other person.

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Admittedly, the corpus is major and mother of two children. When the corpus is not in illegal confinement of respondent No.4 or of any other person and as she is residing with the respondent No.4 on her own free will, we don’t find merit in this habeas corpus petition, which is dismissed as such.

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However, the police is directed to facilitate the return of the corpus to the place of her choice.

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(RAJENDRA PRAKASH SONI),J

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(VIJAY BISHNOI),J

¶27

C/1-Arun/-

Bharat Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bharat Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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