Patna High Court
Sahana Khatun @ Sahana KhatoonversusThe State of Bihar, through the Additional Chief Secretary, Dept. of Home (Police) Patna Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court held that the proper remedy is to approach the District Magistrate under Section 100 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and therefore dismissed the writ petition.
Summary
The petitioner, Sahana Khatun, filed a writ petition seeking a writ of habeas corpus and mandamus directing the Superintendent of Police, Samastipur, to produce and release her 16‑year‑old son, Mohammad Salman, who she alleged was being illegally detained by miscreants. The petition also requested that the miscreants be taken into legal custody. The High Court examined whether the court could issue such writs to compel the police to release the child. It held that the appropriate statutory remedy lies in filing an application before the District Magistrate under Section 100 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Accordingly, the court granted the petitioner liberty to approach the magistrate and disposed of the writ petition.
Issues considered
- Whether a writ of habeas corpus or mandamus can be issued directing the Superintendent of Police to produce and release a minor allegedly detained by miscreants
- Whether the High Court has jurisdiction to grant such relief or the matter should be addressed under statutory provisions
Legislation cited
Subjects
- habeas corpus
- mandamus
- writ jurisdiction
- child protection
- police custody
- Section 100
- Bharatiya Nagarik Suraksha Sanhita
- district magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.162 of 2026
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Sahana Khatun @ Sahana Khatoon, Wife of Md. Safik Miya, Resident of
Ward No. 05, Dharampur Jairam, Po- Rahua, P.S- Rahua, District- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar, through the Additional Chief Secretary, Dept. of Home
(Police) Patna Bihar The State of Bihar, through the Additional Chief
Secretary, Department of Home (Police), Bihar Sardar Patel Bhawan, Nehru
Marg Patna, Patna Bihar.
2. The Additional Chief Secretary (ACS HOME), Department of Home
(Police), Bihar Sardar Patel Bhawan, The Additional Chief Secretary (ACS
HOME), Department of Home (Police), Bihar Sardar Patel Bhawan, Nehru
Marg Patna.
3. The Director General of Police (DGP), Sardar Patel Bhawan, Nehru Marg
Patna, Bihar.
4. The Additional Director General of Police (Head Quarter), Bihar, Patna
Sardar Patel Bhawan Patna The Additional Director General of Police (Head
Quarter), Bihar, Patna Sardar Patel Bhawan Nehru Marg Bihar, Patna.
5. The Additional Director General of Police (Legal, Budget), Bihar, Patna
Sardar Patel Bhawan Patna The Additional Director General of Police
(Legal, Budget), Bihar, Patna Sardar Patel Bhawan Nehru Marg Bihar,
Patna.
6. The Additional Director General of Police, Criminal Investigation
Department (CID) Bihar, Patna The Additional Director General of Police,
Criminal Investigation Department (CID) Bihar, Patna Sardar Patel Bhawan
Nehru Marg Bihar, Patna
7. The Inspector General of Police, Darbhanga Range, Darbhanga.
8. The Deputy Inspector General of Police, Darbhanga Range, Patna.
9. The Superintendent of Police, Samastipur, Bihar.
10. The Additional Superintendent of police, Samastipur, Bihar.
11. The Deputy Superintendent of Police, legal, Samastipur, Bihar.
12. The Sub Divisional Police Officer Rosera, I Samastipur, Bihar.
13. The Sub Divisional Police Officer Rosera, II Samastipur, Bihar
14. The Station House Officer, Rosera, Police Station, Samastipur, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rohit Kumar, Advocate
Mr. Manish Kumar No. 13, Advocate
Ms. Shreya, Advocate
For the Respondent/s : Mr. Amish Kumar, AC to AG
Patna High Court CR. WJC No.162 of 2026(4) dt.11-03-2026
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======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
4 11-03-2026 Heard learned counsel for the parties.
2. The petitioner has preferred the present writ
application for the following relief(s) :
"(I) For issuance of a writ, in the
nature of WRIT OF HABEAS CORPUS
directing the Superintendent of Police,
Samastipur to take the Victim boy
Mohammad Salman (Son of Petitioner) Aged
about 16 years from the custody of
miscreants, who has illegally detained the
victim boy in their custody
(II) For issuance of a writ of
mandamus directing the Superintendent of
Police, Samastipur to produce the victim girl
in the Hon'ble Court and be released the
victim boy Mohammad Salman (Son of
Petitioner) Aged about 16 years from the
custody of the miscreant, and be handed
over him to parents and it is further be
pleased to take necessary legal steps against
miscreant in accordance with law.
(III) For issuance of any other
writ/writs, for granting any other
relief/reliefs for which petitioner is found
Patna High Court CR. WJC No.162 of 2026(4) dt.11-03-2026
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entitled to the facts and circumstances of the
present case."
3. Considering the facts and circumstances of the
case, the petitioner is granted liberty to avail the appropriate
statutory remedy by filing an application before the District
Magistrate, Samastipur under Section 100 of Bharatiya Nagarik
Suraksha Sanhita, 2023, which reads as follows:-
“100. If any District Magistrate, Sub-
divisional Magistrate or Magistrate of the
first class has reason to believe that any
person is confined under such circumstances
that the confinement amounts to an offence,
he may issue a search-warrant, and the
person to whom such warrant is directed
may search for the person so confined; and
such search shall be made in accordance
therewith, and the person, if found, shall be
immediately taken before a Magistrate, who
shall make such order as in the
circumstances of the case seems proper.”
4. In case, any such application is filed before the
District Magistrate, Samastipur, he shall take appropriate action
in accordance with law, redressing the grievance of the
petitioner.
5. With the aforesaid liberty, the present writ
Patna High Court CR. WJC No.162 of 2026(4) dt.11-03-2026
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application stands disposed of.
6. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
( Sunil Dutta Mishra, J)
Rajesh/-
U
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