IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.814 of 2011 Kumkum Devi, wife of Rakesh Kumar @ Bechan Singh, resident of village-Gonawa, P.S.-Harnaut, District-Nalanda. ………..Petitioner. Versus 1. The State of Bihar through Director General of Police, Bihar, Patna. 2. The District Superintendent of Police, Nalanda at Biharsharif. 3. The Officer-in-Charge of Harnaut Police Station, P.S.- Harnaut, District-Nalanda. ……….Respondents. ---------------- 2. 17.08.2011 This writ petition has been filed by the petitioner complaining that her husband, son and another relative had been taken into custody by the police on 3.8.2011. They were not disclosed as to whether they are accused in any case or not. They were taken to Harnaut police station in the district of Nalanda and detained there in police Hazat. Several representations were filed seeking their release including one to the State Human Rights Commission, as they were not sent to criminal court for remand. It is alleged that while in custody, they were made to sign certain blank papers and ill-treated. Ultimately, as representation of the petitioner did not yield any result, this writ petition was filed on 12th of August, 2011 after service of copy thereof on the learned Advocate General. Today, when the matter was taken up, learned counsel for the petitioner states that last evening i.e. evening of 16th August, 2011 the three persons have been released from police custody itself. It is submitted that apparently after the learned counsel for the State sought instructions from the Superintendent of Police, Nalanda 2 and having come to know of the case before this Court, they were released. Learned counsel for the State states that the Superintendent of Police, Nalanda, instructed him that petitioner’s son being son of Rakesh Kumar @ Bechan Singh petitoner’s husband was a prime accused in attempt to murder case and in order to reach him petitioner’s husband and another son and another relative were detained for interrogation but had been left released on the same day. We find it difficult to digest this part inasmuch as they were detained on 3.8.2011 and 9.8.2011, petitioner had been sending representations through fax and other to various persons including the Human Right Commission. She filed this writ petition on 12th August, 2011, which would not have been there if they had already been released. However, in our view these matters require thorough investigation. If what is alleged is correct, then, it is a serious infringement of basic human rights and violation of constitutional rights. No person can be detained beyond 24 hours and even that detention can only be, if he is suspected to be an accused in a case. From what has been pleaded the persons whose released is sought for in this Habeas Corpus application were never accused in any case. Apparently, in order to get to the accused, the police were holding them as ransom. In a civilized society governed by constitutional law, this is a totally unacceptable. It is destructive of the democratic constitutional framework of the country. 3 We, therefore, while disposing of the writ petition give liberty to the petitioner or the persons, so illegally detained, to move the State Human Rights Commission, who would inquire into the matter and take appropriate action in accordance with law. With these observations, the writ petition stands disposed of. Sanjeet/ (Navaniti Prasad Singh, J.) (Ashwani Kumar Singh, J.)