Created by Fuzzy Cloud

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
     ======================================================
     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
                                                     2/4




                 ======================================================
                 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
                                            3/4




                                  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
                                                       4/4




                     application stands disposed of.

                                  6. Pending application(s), if any, shall also stand

                     disposed of.



                                                 (Sudhir Singh, J)


                                             ( Sunil Dutta Mishra, J)
Rajesh/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.