Kapil Dev Son of Mukat Bihari v. State of Rajasthan

Rajasthan HC3 Jan 2025HC/435/2024

Case brief

AI extract

What is this about?

Habeas corpus; minor girl corpus; daughter refuses to return to father-petitioner; custody at Balika Grah, Gandhi Nagar, Jaipur; retained till majority 22.06.2026; parents-only visitation; conditional release to parents after verification; Kapil Dev v. State of Rajasthan; HC-435/2024; Rajasthan HC Jaipur double bench; S.H.O. Mathuragate/MFC 167 directives; disposed 03/01/2025.

What did the court decide?

Production of the corpus was achieved by the police; the habeas corpus petition was disposed of with the minor corpus deposited at Balika Grah, Gandhi Nagar, Jaipur until she attains majority on 22.06.2026, meetings restricted to her parents only, and provision for her to be sent with her parents during the interim if she wishes, after necessary verification. ¶¶27

Kapil Dev Son of Mukat Bihari Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner's minor daughter (the corpus) should be produced and restored to the custody of the petitioner-father. +2 more

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Court's answer

Upon interaction with the corpus, the Court found that the minor girl was not willing to go with her father-petitioner, and accordingly did not restore her to his custody.

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Ratio / Principle

Because the corpus is a minor girl who refused to go with her father-petitioner, the Court deemed it proper to direct Mr. Karan Singh Rathore, S.H.O. P.S. Mathuragate, Bharatpur, and Mrs. Reena, MFC 167, to deposit the corpus at Balika Grah, Gandhi Nagar, Jaipur.

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Key takeaways

At Balika Grah, Gandhi Nagar, Jaipur, no one other than the corpus's parents is to be permitted to meet her.ratio¶¶25
The corpus is to be retained at Balika Grah, Gandhi Nagar, Jaipur, until she attains majority on 22.06.2026.ratio¶¶26
If, during the intervening period, the corpus wishes to go with her parents, she may be sent with them after necessary verification.ratio

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur, D.B.), Habeas Corpus Petition No. 435/2024 (decided 03/01/2025): Father-petitioner sought production of his minor daughter. The corpus was traced and produced by the police. On interaction, the minor expressly refused to go with her father-petitioner. The Court directed that she be deposited at Balika Grah, Gandhi Nagar, Jaipur, where only her parents may meet her; she is to remain there until she attains majority on 22.06.2026, subject to being sent with her parents during the interim if she so wishes after necessary verification. Petition disposed of.

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[2024:RJ-JP:52198-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Habeas Corpus Petition No. 435/2024

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Kapil Dev Son of Mukat Bihari, Aged About 37 Years, Resident of Uit 30 Rajendra Nagar Bharatpur (Raj)

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----Petitioner

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Versus

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State of Rajasthan, Through Secretary, Department of Home Affairs, Secretariat, Jaipur.

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The Additional Director General of Police, Anti Human Trafficking Unit, Jaipur (Raj).

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The Superintendent of Police, Bharatpur.

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S.H.O. Police Station Mathuragar, District Bharatpur

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Manish Jatav Son of Ramesh Jatav, Resident of Barso Ka Nagla, Heeradas, Police Station Atalbandh, District Bharatpur (Raj).

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----Respondents

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For Petitioner(s) : Mr. Anshul Sharma For Respondent(s) : Mr. Rajesh Choudhary, G.A.-cum-AAG with Mr. Aman Kumar, AAAG

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: Mr. Karan Singh Rathore, S.H.O., P.S. Mathuragate, Dist. Bharatpur

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: Mrs. Reena, MFC 167

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA

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Order

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03/01/2025

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Petitioner has preferred this habeas corpus petition seeking production of corpus, who happens to be minor daughter of the petitioner.

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Corpus has been produced before the Court. We appreciate the efforts put in by the police officials in tracing and producing the corpus before the Court.

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[2024:RJ-JP:52198-DB]

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[HC-435/2024]

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(2 of 2)

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We have interacted with the corpus. She has clearly stated that she is not willing to go with her father-petitioner.

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Since corpus is a minor girl, who has refused to go with her father-petitioner, we deem it proper to direct Mr. Karan Singh Rathore, S.H.O. P.S. Mathuragate, Bharatpur as well as Mrs. Reena, MFC 167 to deposit the corpus at Balika Grah, Gandhi Nagar, Jaipur. Superintendent Balika Grah, Gandhi Nagar, Jaipur, shall not permit anyone else other than her parents to meet the corpus.

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The corpus should be retained in Balika Grah, Gandhi Nagar, Jaipur, till she attains majority on 22.06.2026. However, if during the intervening period, the corpus wishes to go with her parents, she may be sent with them, after necessary verification.

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