Patna High Court
SHANTI DEVIversusThe State of Bihar through the Principal Secretary, Home Deptt., Govt. of Bihar,
- Decided
- Disposal
- DISMISSED
Holding
The writ of habeas corpus is not maintainable before the Patna High Court; the matter must be decided by the competent court in Delhi.
Summary
The petitioner, Shanti Devi, filed a writ petition in the Patna High Court seeking a writ of habeas corpus to secure the release of her daughter, who had been recovered after being taken from Delhi to Sitamarhi. The petition alleged that the accused boy had taken the girl away again, leading to a second FIR registered in Delhi (Bindapur P.S. Case No. 0691/2025), which was still at the trial stage. The Court examined the pleadings and noted that the matter pertained to an adolescent affair and was already under investigation in Delhi. It held that the appropriate forum for adjudicating the investigation and related issues was the competent court in Delhi, not the Patna High Court. Consequently, the Court dismissed the writ application, granting the petitioner liberty to pursue his remedy before the appropriate court.
Issues considered
- Whether the Patna High Court has jurisdiction to entertain a writ of habeas corpus in a matter that is under investigation in another state
- Whether a writ of habeas corpus is an appropriate remedy in the present circumstances
Subjects
- habeas corpus
- jurisdiction
- inter‑state criminal investigation
- adolescent affair
- writ jurisdiction
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1135 of 2026
Arising Out of PS. Case No.-315 Year-2025 Thana- RIGA District- Sitamarhi
======================================================
Shanti Devi Wife of Pragas Ram R/O Vill - Bhavadpur, Ward No. 13, P.S.-
Riga, Distt.- Sitamarhi
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Home Deptt., Govt. of
Bihar, Patna
2. The Principal Secretary, Home Deptt. Govt. of Bihar, Patna
3. The District Magistrate, Sitamarhi
4. The Senior Superintendent of Police, Sitamarhi
5. The Officer-In-Charge, Riga Police Station, Sitamarhi
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Digvijay Narayan Singh, Advocate
For the Respondent/s : Mr. AC to AAG-13
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE KUMAR MANISH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
2 15-06-2026 It appears on perusal of the writ application that after
registration of the Riga P.S case, the victim girl was recovered.
The victim girl went to Delhi with her grandmother at her
father’s workplace from where it is alleged that the accused boy
took her away to Sitamarhi. In this connection, Bindapur (Delhi)
P.S Case No. 0691/2025 has been registered. It is stated that the
case in which recovery was made is at the trial stage.
2. On going through the entire pleadings available on
the record, we find that this seems to be a case of adolescence
affair, FIR has been registered at Delhi from where for the
Patna High Court CR. WJC No.1135 of 2026(2) dt.15-06-2026
2/2
second time, the girl has gone with the boy.
3. In our considered opinion, the matter relating to
investigation and other issues arising out of Bindapur (Delhi)
P.S Case No. 0691/2025 may be taken up only at Delhi before a
competent court. By no stretch of imagination, a writ in the
nature of Writ of Habeas Corpus may be issued in this case.
4. This writ application is dismissed but with liberty
to the petitioner to pursue his remedy before appropriate court.
(Rajeev Ranjan Prasad, J)
( Kumar Manish, J)
Lekhi/-
Ritwika/-
U
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