Disposed

Bhunda Ram v. the State of Rajasthan

Rajasthan HC29 Jan 2024HC/365/2023

Case brief

AI extract

What is this about?

A D.B. Habeas Corpus petition alleging illegal detention of the petitioner's missing daughter was disposed of. The court found a possibility of elopement with a minor respondent and held it could not be classified as illegal detention, ordering police to continue searching. Disposed: July 2024.

What did the court decide?

Petition disposed; direction to police to continue search pursuant to missing person report.

Bhunda Ram Vs the State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2024)

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[2024:RJ-JD:4383-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 365/2023

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Bhunda Ram S/o Shri Gopa Ram, Aged About 45 Years, By Caste Bavari, Resident Of Khariya Mithapur P.s. Bilara District Jodhpur.

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----Petitioner

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Versus

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

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Inspector General Of Police, Jodhpur Range, Jodhpur

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The Superintendent Of Police, Jodhpur Rural

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Station House Officer, Police Station Bilara District Jodhpur.

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Govind S/o Suresh, Resident Of Khariya Mithapur, P.s. Bilara District Jodhpur.

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Bhagirath S/o Ramesh Bavari, Resident Of Khariya Mithapur, P.s. Bilara District Jodhpur.

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----Respondents

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For Petitioner(s)	: Mr. S. S. Gaur
For Respondent(s)	: Mr. M. A. Siddiqui,AAG
Present in Person	: Mr. Bhanwar Lal, S.I. PS Bilara,Distt. Jodhpur

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN

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Judgment / Order

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29/01/2024

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This habeas corpus petition is filed by the petitioner alleging that his daughter, married to one Kishore Ram around four months ago, came to his house and from there, she is missing since 18.03.2023. It is stated in the petition that in relation to the said incident, the petitioner lodged a missing person report at Police Station, Bilara, Distt. Jodhpur Rural, however the police are not

[2024:RJ-JD:4383-DB]

[HC-365/2023]

(2 of 2)

making serious efforts to trace out his daughter. The petitioner apprehends that his daughter is in illegal detention of respondent Nos.5 and 6.

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Learned AAG has submitted the factual report, wherein the efforts carried out by the police to trace out the corpus have been mentioned. The Investigating Officer, present in person, has submitted that respondent No.5 is minor and he is also missing from his house and in relation to that, an FIR has been lodged by his family members at Police Station Mata Ka Than, Distt. Jodhpur, wherein investigation is also going on. It is submitted that the police have interrogated respondent No.6, however, the Investigating Officer did not find his involvement in missing of the corpus.

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Having heard learned counsel for the parties and after going through the factual report, we are of the view that there is a possibility that the petitioner’s daughter eloped with the respondent No.5, who is minor and in strict sense, it cannot be said that she is in illegal detention of respondent Nos.5 and 6.

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In such circumstances, this habeas corpus petition is disposed of with a direction to the police to continue with its search to trace out the corpus pursuant to the missing person report lodged by the petitioner.

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(MUNNURI LAXMAN),J

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(VIJAY BISHNOI),J

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25-DivyaTak/-

Bhunda Ram v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhunda Ram v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

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