- (1.)This habeas corpus petition is filed by one Saurabh Kumar who is in Koneila Jail, Dalsingsarai, District Samastipur (Bihar).
(2.)In brief the case of the petitioner is that he was XII pass and wanted to leave the village in search of a decent job. In that connection he made an application for passport. On 30.6.2013 the police had called the petitioner to the Police Station for enquiry on his application for passport and after reaching inside the police station he was locked up. Thereafter on 1.7.2013 early morning, the petitioner was taken to the residence of one Shri Tripathi, Judicial Magistrate who is arrayed as 6th respondent in this writ petition. There, the petitioner was beaten with lathi by DSP, Manish Kumar Suman, who is arrayed as 9th respondent herein, in the presence of the said Judicial Magistrate and it is also alleged that while beating he was told that it is a reward for his parents for reporting or complaining against him to the Supreme Court, and insulted him by stating that low caste people should not become malik of the land of the upper caste people like mausaji. Thereafter, the petitioner was taken from the house of the Judicial Magistrate to the Koneila jail where he is kept under detention. The petitioner states that he was unnecessarily and illegally detained by the police. It is also a further case of the petitioner that the Judicial Magistrate, Shri Tripathi also caused prejudice as he is out of vengeance against his parents. When they approached the local MLA, the MLA contacted the SHO of Dalsingsarai, District Samastipur, and the police informed the MLA that there is no complaint against the writ petitioner and they are going to release him but in spite of repeated requests they have not released him.
(3.)Hence, the petitioner prayed for grant of a writ of habeas corpus u/Art. 32 read with Art.14, 21 & 22 of the Constitution of India directing the Respondents to produce the petitioner Saurabh Kumar before this Hon'ble Court and also to direct the respondent-State to devise a way to prevent malicious arrest and detention by the police that too without maintaining necessary record and further to direct the State to pay the petitioner compensation considering that the detention is a black mark to his career prospects and future.