Patna High Court
Pramila Devi @ Parmila DeviversusThe State of Bihar through the Director General of Police, Sardar Patel Bhawan, Bailey Road, Patna
- Decided
- Disposal
- DISPOSED
Holding
The writ application is disposed of, with the direction that the investigation be concluded, the culprits apprehended and punished.
Summary
A 15‑year‑old girl was kidnapped but the police failed to register a complaint for about two months, and no action was taken to recover her. The Patna High Court, after ordering the Senior Superintendent of Police and the Station House Officer to file affidavits explaining the delay, observed that an FIR was subsequently registered and the victim was recovered. The Court found that no preliminary inquiry had been conducted despite claims to the contrary. It noted that the police had now taken appropriate steps and directed the investigating agency to complete the investigation, apprehend the culprits and ensure punishment. Accordingly, the writ application was disposed of.
Issues considered
- What legal consequences arise from the police's failure to register an FIR and the delay in action in a kidnapping case
- Whether the High Court can compel the police to register an FIR and conduct an investigation through a writ
- Whether a preliminary inquiry is required before registering an FIR in such circumstances
Subjects
- kidnapping
- FIR registration
- police negligence
- writ jurisdiction
- criminal procedure
- victim recovery
- preliminary inquiry
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1083 of 2026
======================================================
Pramila Devi @ Parmila Devi W/O Ashok Kumar R/o- Old Police line, 142
da Targhat, Police Station- Gandhi Maidan, District- Patna (Bihar). Pin Code-
800001
... ... Petitioner
Versus
1. The State of Bihar through the Director General of Police, Sardar Patel
Bhawan, Bailey Road, Patna (Bihar). Pin Code- 800023
2. The Senior Superintendent of Police (S.S.P), District - Patna (Bihar). Pin
Code-800001
3. The Station House Officer (S.H.O), Police Station - Ramakrishna-nagar,
District- Patna (Bihar). Pin Code- 800025
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Birendra Kumar, Advocate
Mr. Rajiv Ranjan Singh, Advocate
Mr. Mukesh Kumar Bhagat, Advocate
For the Respondents : Mr. S D Sanjay, AG
Mr. Sarvesh Kr Singh, AAG-13
Ms. Priya Gupta, AC to AG
Mr. Shashwat Agarwal, AC to AG
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE KUMAR MANISH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
5 07-07-2026 Heard learned counsel for the petitioner and learned
AG for the State.
2. It appears from the previous orders passed by this
Court that a 15 years old girl had been kidnapped but the
complaint made in this regard was not registered in the Ram
Krishna Nagar Police Station despite a lapse of about two
months and no action was taken towards recovery of the victim
girl.
Patna High Court CR. WJC No.1083 of 2026(5) dt.07-07-2026
2/3
3. After this Court passed the order on 15.06.2026
calling upon the Senior Superintendent of Police, Patna and the
Station House Officer, Ram Krishna Nagar Police Station to file
their respective affidavits explaining the conduct of the SHO in
not registering the FIR and not taking any action in the matter,
on the very next day, the FIR was registered.
4. This Court was informed that the victim girl has
been recovered. This Court has recorded the statements made in
the affidavit wherein this Court was given to understand that a
preliminary inquiry was ordered in the matter which took some
time but ultimately, the Court found that there was no
preliminary inquiry in the matter. Keeping in view the same,
this Court passed the order dated 29.06.2026.
5. Today, learned AG for the State submits that the
Senior Superintendent of Police, Patna has taken appropriate
steps in the light of the order of this Court.
6. Having regard to the fact that the present case has
served its utility, FIR has already been registered and the victim
has been recovered, so far this writ application is concerned, it
is being disposed of with a direction to the investigating agency
to conclude the investigation of the case, nab the culprits and
take appropriate steps to ensure that the guilty is punished in
Patna High Court CR. WJC No.1083 of 2026(5) dt.07-07-2026
3/3
accordance with law.
7. This writ application stands disposed of
accordingly.
(Rajeev Ranjan Prasad, J)
(Kumar Manish, J)
lekhi/-praphul/-
U
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