Jharkhand High Court
Ajay Turi @ Ajay Kr. Turi vs The State Of Jharkhand on 28 January, 2026
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
2026:JHHC:2070-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(Cr.) (D.B.) No.722 of 2025
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Ajay Turi @ Ajay Kr. Turi, aged 23 years, S/o Rajkumar Turi, R/o Pagla Ashram, Bhurkunda, P.O. & P.S.-Bhurkunda, District-Ramgarh, Jharkhand. .... .... Petitioner Versus
1. The State of Jharkhand.
2. Director General of Police, Dhurwa, P.O, & P.S.-Dhurwa, District- Ranchi, Jharkhand.
3. Superintendent of Police, Ramgarh, P.O. & P.S.-Ramgarh, District-Ramgarh, Jharkhand.
4. Officer In-charge (O.P. Bhurkunda), P.O.-Bhurkunda, P.S.-Patratu, District-Ramgarh, Jharkhand.
5. Kumkum Kumari, aged about 21 years, D/o Loknath Mishra, R/o Vill-Kishunpur, P.O.-Khadaiya, P.S.-Tandwa, District-Chatra, State- Jharkhand.
6. Loknath Mishra, Son of Not Known, R/o Vill-Kishunpur, P.O.- Khadaiya, P.S.-Tandwa, District-Chatra, State-Jharkhand.
7. Krishna Mishra, Son of Akhilesh Mishra, R/o Pagla Ashram, Jawahar Nagar, Bhurkunda, P.O. & P.S.-Bhurkunda, District- Ramgarh, Jharkhand.
..... .... Respondents CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE ARUN KUMAR RAI
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For the Appellant : Md. Imtiaz Khan, Advocate For the State : Mr. Indranil Bhaduri, S.C.-IV For Resp. Nos.6 & 7 : Mr. Binod Kumar Dubey, Advocate
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05/Dated: 28.01.2026
1. This writ petition is under Article 226 of the Constitution of India seeking therein for the following reliefs: -
"For issuance of an appropriate Writ(s)/Order(s)/Direction(s) commanding upon the respondents to take all the essential and required steps to produce the respondent no.5 who is willing to marry and live with the petitioner but she is illegally confined and detained by the respondent no.6 & 7 and not 1 2026:JHHC:2070-DB allowed her to meet with the petitioner and to decide her will to make a decision about her life, in view of the fact that she is a major lady.
Further seeking an appropriate Writ(s)/Order(s)/Direction(s) commanding upon the respondents to take all the essential steps and arrangement to ensure the respondent no.5 will meet with the petitioner for taking decision about her life, in view of the facts that both the petitioner and respondent no.5 are major persons and they are free to take the decision about their marital life."
2. We, after having heard the parties, have passed an order on 19th January, 2026, the same is being referred as under: -
"1. The appearance has been made on behalf of the private respondents who are being represented by Mr. Binod Kumar Dubey, the learned counsel. Mr. Dubey, the learned counsel has sought for two weeks' time to seek instruction and to file counter-affidavit.
2. The learned counsel for the private respondents and the learned counsel for the State shall file their counter-affidavit(s) within a week.
3. In the meanwhile, the Superintendent of Police, Chatra is directed to put all security to the respondent no.5, namely, Kumkum Kumari and it is made clear that if any casualty will happen to the respondent no.5 it will be the personal accountability of the Superintendent of Police, Chatra.
4. List this case on 27.1.2026.2
2026:JHHC:2070-DB
5. Mr. Indranil Bhaduri, the learned State counsel has ensured this Court to communicate this order to the Superintendent of Police, Chatra forthwith to act upon the order of this court.
6. The Superintendent of Police, Chatra is directed to send a report to this Court, in a sealed cover, by the next date of hearing.
7. Although, Mr. Dubey, has made a statement after passing of the order that the girl is free and if it is found contrary to the report filed by the S.P., Chatra then parents of the girl will be held liable and the Court will pass further necessary order."
3. The matter was listed on 27th January, 2026 and the following order was passed: -
"1. As per the order dated 19.01.2026, the counter-affidavit has been filed. A copy thereof has already been supplied to the learned counsel appearing for the petitioner, and the same has been taken on record.
2. The report of the Superintendent of Police, Chatra, has been placed by Mr. Indranil Bhaduri, learned SC - IV appearing for the State of Jharkhand, in a sealed cover. Upon opening the sealed cover, it was found that two documents were contained therein, along with another two sealed covers. The said two sealed covers were also opened.
3. The statements of the girl, her father, and her mother were found inside the sealed covers, all dated 19.01.2026.3
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4. We have given the copies of the report to Mr. Binod Kumar Dubey, learned counsel, also in the Court itself to go through the contents thereof, and the copies of the report have purposely been given so that Mr. Dubey, learned counsel, may not have any grievance that the contents of the copies have not been seen.
5. Mr. Dubey, learned counsel, after going through the said report himself, has offered to call upon the girl, respondent no. 5, and her parents in the Court. He has also submitted that the writ petitioner may also be called for.
6. Mr. Dubey, learned counsel, has proposed that the girl may be called for under the security of the police personnel. Such submission has been made, perhaps as he is apprehending any untoward occurrence.
7. This Court, without further putting any question on the issue, has accepted such suggestion and is hereby passing the following directions upon the S.P., Chatra, to produce the girl under police protection tomorrow, i.e., on 28.01.2026, at 10:30 A.M.
8. The parents, namely, Mr. Loknath Mishra, and Mrs. Sangita Devi shall remain physically present tomorrow i.e., on 28.01.2026 at 10:30 A.M.
9. This Court is also directing the writ petitioner to remain physically present in the Court at 10:30 A.M. tomorrow.
10. Let the copies of the report be again kept in sealed cover so as to be placed before this 4 2026:JHHC:2070-DB Court tomorrow.
11. Let this matter be listed tomorrow, i.e., on 28.01.2026, at 10:30 A.M., as the first case.
12. Learned counsels for the respective parties are directed to communicate this order to their respective clients forthwith, without waiting for uploading of the order."
4. We have opened the sealed cover, as has been recorded in the order dated 27th January, 2026 as also the copy of the documents contained therein has been supplied to Mr. Binod Kumar Dubey, learned counsel appearing for the respondent nos.6 and 7, who have gone through the contents.
5. The statements of the girl, her father and her mother kept in the sealed cover has also been opened in the Court.
6. This Court, after going through the statements of the respondent no.5, the girl, found that she has stated that she wants to live as a wife of the writ petitioner, for ready reference, the extract of the said statement is being quoted as under: -
"Lokfyf[kr Loa.k dk O;ku esjs fnukad 19@1@2026 le;@10%05 PM esjk uke dqedqe] mez 20] firk yksdukFk feJk] lk0 lfdj fd'kquiqj Fkkuk V.Mok ftyk prjk dk fuoklh gq¡ eSa fiNys 5 o"kksaZ ls vt; rqjh mez 24 o"kZ firk jktdqekj rqjh lk0 ixyk vlje HkqjdqaMk Fkkuk HkqjdqaMk ftyk jkexkM+ dks turh gq¡ vkSj ge nksuks ,d nqljksa dks ilan djrs gS ,oa foogk dj ,d lkFk jguk pkgrs gS ysfdu esjs ifjokj ds lknL;x.k½&firk yksdukFk feJk] ekrk laxhrk nsoh ekek d`".kk feJk] tks HkqjdqaMk dk jgus okyk gSA ugh pkgrs dh eSa vt; rqjh ls 'kknh d: esjs ?kjokys esjs lkFk ekjihV djrs FksA+ esjk ekek ekj f[kyokrk Fkk vkSj cksyrk FkkA vxj ,s yM+dh Hkkx ds HkqjdqaMk vkbZ rks ge yksx nksuks dks ejk nsxk vkSj esjk 'kknh dk nkcko cuokrk FkkA esjk ?kj es vk ds cksyk esjk ekek vkidk yM+dh vki le>, ekj fnft, pkgs dqN djs ml yM+dk ls 'kknh ugh gksuk pkfg,¡ vkSj esjk ekek esjk ikik dk cksyk vkSj /kedk;k rks vt; dk ?kj vkneh ysds x;k FkkA vkSj HkqjdqaMk tkus ls igys esjk ?kj vk;k vkSj cksyk /kedk;k fd vxj ge viuk ?kj ls Hkkx us dk dksf'k'k fd, vk Hkkxs rks nksuks dks tku ls ekj nsxk vkSj dfg Hkh ge yksx fey tk,xs rks ekj nsxkA vkSj fQj foMvks dksy [kqn dj ds fn[kk;k Fkk ge dks vkSj vks yksx ds lkFk ca/kqd pkdq Fkk ge Mkj xk,s FkkA cksyrk Fkk ge 'kknh ugha gksus nsxsa mlds ckn vt; dk ?kj x;k FkkA nkl xkM+h vkneh ysds vt; vkSj mlds ?kj okyks Mkjk;k vkSj /kedh fn;k vt; esjs ls ckr djus dk dksf'k'k fd,s ;k 'kknh djus dk dksf'k'k fd,s rks bl ckj ge ugha vt; vk,xkA esjk ekek cksy jgk 'kknh djokbZ, tks gksxk ge ns[k ysxsa dksV vkSj Fkkuk D;k djsxk uksfVl vkus ds ckn esjk eke cksy jgk Fkk ge 'kknh ugh gksus nsxAsa cksyrk gS fd yM+dh dh UP. fcgkj esa 5 2026:JHHC:2070-DB Hkst nsxAsa esjk ekek vkSj ikik fdlh ls ckr dj jgk fd vt; dks ejk nsxk vkSj blfy, ge ,sgk viuk ?kj ls Hkkx ds HkqjdqaMk Fkkuk x, ij esjk vksgk D;k cksyk le>k;k rks 'kknh ugh djok;k esjk ekek fuan dk nok tcjtlrk f[kyokrk Fkk cksyrk Fkk dkds ys tk,xk ikxy djok nsxk ,s ckr esjk ekek cksy jgk Fkk ij vt; ls 'kknh ugh gksus nsxkA Fkkuk dksV D;k djsxk ge ns[k ysxsA vxj yM+dh HkqjdqaMk vkbZ rks dkV nsxsA esjk ikik cgqr csgjkgeh ls ekj ekj fiV djrk FkkA vkSj esjk ekek djok;k ,s lc ckj&ckj esjk cksy jgk ,s 'kknh ugh gksus nsxk pkgs mldks ikM+xs k rks ekj nsxk eq>s Mj gS ,s yksx ge nksuks dks ejok uk nsA cksy gSA esjk ekek vxj ge yksx dksV ls 'kknh Hkh fy, rks dksbZ fpt Qlk nsxk vkSj tsy Hkst ok nsxkA vkSj Qklk ik;k rks 2] ls 3 efguk ds ejok nsxk gk; dksV ges'kk rsjk lkFk ugh jgsxk ,s esjk ekek cksy jgk Fkk ftruk esjk ek¡ ikik dks fndkrk us Fkk mruk esjk ekek ijs'kku FkkA fdlh vkSj 'kknh djokus ds fy,A eq>s fdlh ls Mkj ugh gSA cl esjk ekek dqN Hkh djok nsxkA vkSj esjs ikik dks Mjk /kedk ds djokrk gS vkSj mlds cksyus ij esjk ek¡ ikik djrk FkkA gedks ,s yksx is Hkkjksl ugh gS dqN Hkh djok nsxk esjk ekek ,s yksx uksfVl vkus ds ckn Hkh esjk 'kknh dfg vkSj djok jgk FkkA vkSj okslk yM+dk ds ls tks esjk ckjs es lc dqN tkurk gS fQj Hkh gels 'kknh djuk pkgrk gS ,slk esjk eke djok jgk vks yM+dk cksyk gS gk; dksV ckr gSA ge le> ysxsa uksfVl vkus ds ckn Hkh esjk ekek ekj f[kyok;k gSA cksyk Fkk tks gksxk ge ns[k ysxAsa esjk ekek vkSj ek¡ ikik cksyk Fkk cU/kqd ds uksd ij 'kknh djok;xk esjs ?kjokys eq>s cka/k ds cksyk vxj 'kknh ugh djsxsa rks ekj nsxkA bl fy, ge Hkkxs FksA fQj ls ,s yksx eq>s le>k cq>k ds ?kj ys vk;k vkSj 1 efgu rd cksyrs jgk fd esjs 'kknh vt; ds lkFk djok nsxk ij esjk ekek /kedk;k esjk ek¡ ikik dks rc ls ,s yksx esjk 'kknh esjk ejth ds f[kykQ 'kknh djokuk pkg vkSj ge tc Hkh euk fd,s rks ,s yksx eq>s cksyk ge nks dks bZudksmVj½ djok nsxkA gj ckj Mjk /kedk ds 'kknh djokuk pkgk cksyrk Fkk ekj nsa vkSj yM+dk dks Qlk nsxAsa vkSj dksbZ dqN ugha dj ik,xkA ge dks vt; ls 'kknh djuk pkgrs gSaA esjk ekek ds cksyus vkSj /kedkus ds"
7. The statements of father and mother of respondent no.5, the girl, have also been gone through by this Court, who have stated in specific word that they are having no problem, if the respondent no.5, the girl want to solemnize marriage with the writ petitioner, for ready reference, the extracts of the statements of father and mother of respondent no.5, the girl, respectively are being quoted as under: -
"yksdukFk feJk dk C;ku esjk uke yksdukFk feJk mez 42 o"kZ firk oStukFk feJk lk0 fd'kquiwj Fkkuk V.Mok ftyk prjk dk jgus okyk gq¡ eSa vius los{kk ls O;ku nsrk gq¡ fd esjh csVh dqedqe dqekjh dk fookg 3@3@2025 dks lekthd rSj ij r; fookg ds fryd okys fnu dks viuh ethZ ls xzke HkqjdqUMk ds jgus okys vt; rqjh ds lkFk pyh xbZ Fkh ftls vks ilan djrh Fkh csVh gksus ds ukrs V.Mok Fkkuk ds lg;ksx ls eSa viuh csVh dks HkqjdqUMk Fkkuk ls yM+dk vt; rqjh ds lkFk V.Mok Fkkuk yk,s Fks rc eSa viuh csVh dks le>k cq>k dj vius ?kj ys ;k,s Fks rFkk vt; rqjh vius ijhokj ds lkFk HkqjdqUMk pyk x;k Fkk viuh csVh dks ?kj ykus ds iLpkr eS viuh csVh ls vPNk osogkj fd;k gq¡ fdlh izdkj dk ijrkM+hr fd;k gq¡ u ijslku ugha fd;k gq¡ esjh csVh vt; rqjh ls fookg dj viuk ftou forkuk pkgrh ftles eq>s vkSj esjk ijhokj ,oe esjk lkyk d`".kk feJk ,oe vU; ijhokj ds LnL; fdlh izdkj dk dksbZ vkirh ugha gSA vkSj ugh fdlh izdkj dk vkirh Hkoh"; esa gkxh vkSj ugh esjs }jk ,oe esjs ijhokj ds fdlh LnL; }kjk esjh csVh fd ilank 6 2026:JHHC:2070-DB vuqlkj vt; rqjh ds lkFk fookg dksbZ rjg dk gLr{ksi ugh fd;k tk;xk esjh csVh viuh ethZ ls fookg djus ds yh, lora=k gSA bls eq>s dksbZ ,rjkt ugha gSA esjs csVh vHkh fookg gksus rd ?kj esa jg ldrh gSA bls eq>s ;k esjk ijhokj dk dksbZ ,rgjkt ugh gS eSa iquZu vLoklu nsrk gq¡ fd eS viuh csVh fdlh izdkj dk nqoZokgj ;k voS/kkfud dk;Z ugh djsaxs rFkk esjs ifjokj ds fdlh Hkh lnL; ds }kkjk fdlh izdkj dk ijrkM+uk ugh fd;k tk;sxkA mijksDr oZuhr leiw.kZ ckrsa eSa vius ijhokj ds lHkh lnL;ksa ds le{k fcuk ogs ncko ,oe ijyksHku ds viuk O;ku vafdr fd;k gq¡ rFkk viuk gLrk{kj ijhokj ds vU; Lnlks;ks ds miLFkhrh esa fd;k tks le; ij vi;ksx esa yk;k tk ldsA gLrk{kj yksdukFk feJk 21/1/2026 7992267453''
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"lafxrk nsoh dk c;ku fnukad 19@01@26 esjk uke laxhrk nsoh mez 38 o"kZ ifr yksdukFk feJk lk0 fd'kquiqj Fkkuk VUMok ftyk prjk dh jgus okyh gw¡A bl le; ;s crk;s fd budh csVh dqedqe dqekjh dk fookg 3@03@25 dks lekftd rkSj ij r; fookg ds fryd okys fnu dks vius ethZ ls xzke HkqjdqUMk ds jgus okys vt; rqjh ds lkFk pyh x;h FkhA ftls oks ilan djrh Fkh csVh gksus ds ukrs VUMok Fkkuk ds lg;ksx ls eSa vius csVh dks HkqjdqUMk Fkkuk ls vt; rqjh ds lkFk VUMok Fkkuk yk;s Fks rc eSa] viuh csVh dks le>k cq>kdj vius ?kj ys vk;s Fks] rFkk vt; rqjh vius ?kj HkqjdqUMk pyk x;k Fkk vius csVh dks ?kj ykus ds i'pkr eSa vius csVh ls vPNk O;ogkj dj jgh gw¡A fdlh izdkj dk nq[k ,oa ijs'kku ugha dj jgh gw¡A vkSj esjh csVh vt; rqjh ls fookg dj viuk thou fcrkuk pkgrh gSA ftlesa eq>s] esjs ifr esjk HkkbZ d`".kk feJk ,oa ifjokj ds fdlh Hkh lnL; dks fdlh izdkj dh dksbZ vkifr ugha gSA vkSj u gh fdlh izdkj dh vkifr Hkfo"; esa gksxh vkSj u gh esjs }kjk ,oa esjs ifjokj ds fdlh Hkh lnL; ds }kjk esjs csVh dh ilank vuqlkj vt; rqjh ds lkFk fookg esa] dksbZ gLr{ksi fd;k tk;sxkA esjh csVh vius ethZ ls fookg djus ds fy, Lora= gSA blls eq>s dksbZ ,rjkt ugha gSA esjh csVh vHkh fookg gksus rd ?kj esa jg ldrh gSA blesa eq>s dksbZ ,rjkt ugha gSA eSa] vk'oklu nsrh gw¡ fd eSa vius csVh ds lkFk fdlh izdkj dk nqcZO;gkj ;k voS/kkfud dk;Z ugha d:axh rFkk esjs ifjokj ds fdlh Hkh lnL; ds }kjk fd;k tk;sxkA mijksDr ofuZr lEiquZ ckrsa eSa] vius ifjokj ds lHkh lnL;ksa ds le{k fcuk Hk;] ncko o izyksHku ds ys[kkfdar djok jgh gw¡ vkSj viuk gLrk{kj ifjokj ds vU; lnL;ksa ds le{k dj jgh gw¡] tks le; ij mi;ksx esa ykbZ tk ldrh gSA gLrk{kj laxhrk nsoh 19@01@2026'' ""
8. This Court, after taking into consideration the statements of respondent no.5, the girl, has thought it proper to call upon the parents of the girl and therefore, direction was issued for their physical appearance. The writ petitioner has also appeared along with his mother, namely, Reena Devi.
9. Both the girl and the writ petitioner are present in the Court. The 7 2026:JHHC:2070-DB parents of the girl, namely, Mr. Loknath Mishra (father) and Mrs. Sanjeeta Devi (mother) are also present in the Court.
10. The respondent no.5, the girl, repeatedly has stated that she wants to live with the writ petitioner as a wife, since, they are knowing each other for the last five years and both are determined to solemnize marriage.
11. The respondent no.5, the girl, even has stated that she will not go to her parental house, rather, straightaway she will go along with the writ petitioner after solemnizing marriage in any of the temple.
12. The writ petitioner has also stated that he also wants to marry with the respondent no.5, namely, Kumkum Kumari and wants to lead future marital life along with her.
13. The mother of the writ petitioner, namely, Mrs. Reena Devi has stated that she is having no problem, since, she will be happy in the happiness of her son.
14. The mother of the writ petitioner, namely, Mrs. Reena Devi has stated that her sister (the petitioner's mausi) has also come with her for the purpose of marriage of the writ petitioner and the girl, respondent no.5, at the temple and after solemnization of marriage, she intends to carry both the petitioner and the girl, respondent no.5, to her home.
15. There is no dispute about the fact that the girl, respondent no.5 has attained the majority as per the certificate appended in the writ petition of the Jharkhand Academic Council, Ranchi, wherein, 8 2026:JHHC:2070-DB the date of birth of the respondent no.5 has been shown to be 14.12.2004, as such, now, she is at the running age of 22 years.
16. Similar is the situation with the writ petitioner who is also major having made reference of his age as 23 years in the affidavit part.
17. Since both the writ petitioner and the respondent no.5 in presence of their counsel have consented to solemnize marriage to lead their future life and both are adult and even the girl is ready to go from here along with the writ petitioner and his mother, namely, Mrs. Reena Devi and as such, considering the aforesaid fact, the instant writ petition is being disposed of recording the undertakings furnished on behalf of mother of the writ petitioner and the parents of the girl, namely, Mr. Loknath Mishra (father) and Mrs. Sanjeeta Devi (mother), who have also consented for their marriage on the ground that since her daughter is major and as such, she is free to take her own independent decision and they are not coming in the way of her decision.
18. Accordingly, the instant writ petition stands disposed of.
19. The efforts taken by the Superintendent, Chatra along with his team, are being appreciated.
20. Since the respondent no.5, the girl is going along with the writ petitioner, of course after solemnizing marriage in any of the temple situated in the District of Ranchi, in the capacity of wife of the writ petitioner, as such, there is no requirement of Police Security.
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21. The writ petitioner has assured before this Court that he will live with the respondent no.5 for the purpose of leading the future marital life with happiness by giving due regard and dignity to the respondent no.5 as a husband.
22. Similar statement has been made by the mother of the writ petitioner, namely, Reena Devi that she will give all proper treatment to the respondent no.5, namely, Kumkum Kumari, in the capacity of mother-in-law.
23. Recording the aforesaid assurance and the purpose of the writ petition since has been served, as such, the present writ petition stands disposed of.
24. Parties have to put their signatures in the separate sheets, which are being taken on record.
25. The reports, which have been opened in the Court, be made part of the record.
(Sujit Narayan Prasad, J.) (Arun Kumar Rai J.) 28.01.2026 Rohit/-
N.A.F.R. 10