Patna High Court
Sayara KhatunversusThe State of Bihar through the Principal Secretary, Home, Govt. of Bihar, Patna
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the petitioner must avail the statutory remedy under Section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and therefore dismissed the writ application.
Summary
Petitioner Sayara Khatun filed a writ petition seeking a court order directing the police to locate her missing daughter after an FIR was lodged on 23‑12‑2024. The petition alleged that despite the arrest of the main accused and surrender of others, the victim remained untraced and the police had taken no action. The respondents submitted a supplementary affidavit detailing investigative steps taken, including technical analysis, Aadhaar tracking, and financial checks, but confirmed the victim was still missing. The Court examined whether a writ could compel police action and held that the appropriate remedy lay in invoking Section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which empowers a magistrate to order restoration of abducted females. Accordingly, the Court directed the petitioner to file an application under that statutory provision and disposed of the writ petition.
Issues considered
- Whether the High Court can issue a writ directing the police to locate a missing abducted female victim.
- Whether the appropriate remedy for the petitioner is an application under Section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
Subjects
- abduction
- missing person
- writ jurisdiction
- police inaction
- statutory remedy
- Section 101
- Bharatiya Nagarik Suraksha Sanhita
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.181 of 2026
Arising Out of PS. Case No.-145 Year-2024 Thana- MATIYARIA District- West Champaran
======================================================
Sayara Khatun, W/O Sadare Alam, R/O Village- Handa Dumra, P.S.-
Matiyaria, Dist.- West Champaran, Bettiah.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home, Govt. of Bihar,
Patna Bihar
2. The Director General of Police, Bihar, Patna
3. The Inspector General of Police, Bihar Patna
4. The D.I.G. Bettiah West Champaran
5. The Senior Superintendent of Police, Bettiah West Champaran
6. Superintendent of Police Bettiah West Champaran
7. S.D.P.O. Narkatiaganj West Champaran
8. Station House Officer, Matiyaria, Police Station West Champaran
9. Investigating Officer Matiyaria P.S. Bihar
10. Badul Ansari Son of Late Gauni Ansari Resident of Village - Hauda Dumra,
P.S.- Matiyariya, District - West Champaran, Bettiah
11. Vajir Ansari S/o Late Isha Ansari Resident of Village - Hauda Dumra, P.S.-
Matiyariya, District - West Champaran, Bettiah
12. Saphed Ansari Son of Late Pheku Ansari Resident of Village - Hauda
Dumra, P.S.- Matiyariya, District - West Champaran, Bettiah
13. Jahir Ansari Son of Late Pheku Ansari Resident of Village - Hauda Dumra,
P.S.- Matiyariya, District - West Champaran, Bettiah
14. Shabnam Ansari D/o Taiyab Ansari Resident of Village - Hauda Dumra,
P.S.- Matiyariya, District - West Champaran, Bettiah
15. Jakir Ansari S/o Late Nurai Ansari Resident of Village - Hauda Dumra, P.S.-
Matiyariya, District - West Champaran, Bettiah
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Advocate
For the Respondent/s : Mr. P.N. Sharma, AC to AG
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
Patna High Court CR. WJC No.181 of 2026(3) dt.26-02-2026
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3 26-02-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. Following are the reliefs sought for in the present
writ application:-
“(i) For issuance of appropriate
writ/writs order /orders, direction/directions
commanding the respondent no. 8 to find out my
daughter in spite of the F.I.R. has been lodged.
(ii) For issuance of appropriate
writ/writs, order orders, direction/directions
commanding the respondents and also no. 8 has still
not taken any action against the FIR filed by the
(Mother) petitioner on dated 23.12.2024 bearing no.
145 as the occurrence taken place on 20.04.2025
and also given several representation to Respondent
no.4, 5, 6, 7 and 8 but still no action has been taken
and well as the victim is still traceless.
(iii) For issuance of any appropriate
writ/writs, order/orders, direction/directions to
which the petitioner after lodging an FIR her
daughter is still traceless and no any action has
been taken by the respondent authorities.”
3. A joint supplementary counter affidavit has been
filed on behalf of the D.I.G., Bettiah, West Champaran
(respondent no. 4) and the Superintendent of Police, Bettiah,
West Champaran (respondent no. 6) respectively. Following
statements have been made in paragraphs 9, 10 and 11 of the
said supplementary counter affidavit:-
Patna High Court CR. WJC No.181 of 2026(3) dt.26-02-2026
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"9. That one of the FIR-named
accused, Safed Ansari, son of Late Feku
Ansari, was arrested and remanded to
judicial custody. The Investigating Officer
has submitted Charge Sheet No. 54/2025
dated 15.04.2025 against him before the
competent court. The other FIR-named
accused persons surrendered before the
court and have been granted bail.
10. That the Investigating Officer
proceeded with further investigation, during
the course of which significant technical and
documentary evidence was analyzed to trace
the victim. As detailed in the Supplementary
Case Diaries, the following specific actions
were executed ('Supplementary Diary Para'
hereinafter referred simply as 'Para'):
A. Age Verification: As detailed in
Para-34 of the Supplementary Case Diary,
the Investigating Officer verified the
educational records, which establish that the
date of birth of the alleged abductee is
01.01.2006, and as such, she had attained
the age of majority on the date of the alleged
occurrence.
B. CDR & Technical Analysis: As
noted in Para-43 of the Supplementary Case
Diary, further analysis of the arrested main
accused's (Safed Ansari) Call Detail Records
revealed his mobile was active near the
place of occurrence exclusively on
20.12.2024 and 23.12.2024. Additionally, as
per Para-73, the CDR of a new suspicious
mobile number (7310692856) was
rigorously analysed, and a proposal for
'Parallel Listening' of family members'
numbers was initiated (Para-64) to intercept
any communication.
C. Aadhaar Tracking: As
Patna High Court CR. WJC No.181 of 2026(3) dt.26-02-2026
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recorded in Para-71, the Investigating
Officer obtained the victim's Aadhaar
Number (368492039836) and submitted it
for verification through the Technical
Branch of the Superintendent of Police's
Office to track any recent biometric updates
or usage across the country.
D. Financial Tracking: As per
Para-114, verification of the victim's bank
account details (SBI A/c No. 37540028198)
and withdrawal statements was conducted,
which revealed no suspicious financial
transactions or activity since her
disappearance.
11. That the progress of the
investigation is being continuously
monitored by the answering deponent. The
Superintendent of Police, West Champaran,
has reviewed the case and issued a Review
Note contained in Memo No. 01/CR dated
01.01.2026, giving necessary directives to
the Investigating Officer. The Investigating
Officer has been instructed to intensify the
search operations, utilize available
intelligence, and take all possible lawful
measures, including conducting raids at
suspected locations, to ensure the safe
recovery of the victim."
4. Upon perusal of the statements referred to
hereinbelow, it transpires that the main accused named in the
F.I.R. has already been taken into judicial custody and that other
named accused have also surrendered and appeared before the
trial court, however, the victim has not yet been recovered.
5. In such circumstances, the petitioner is granted
Patna High Court CR. WJC No.181 of 2026(3) dt.26-02-2026
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liberty to avail the appropriate statutory remedy by filing an
application under Section 101 of Bharatiya Nagarik Suraksha
Sanhita, 2023, which reads as follows:-
“101. Power to compel restoration of
abducted females.- Upon complaint made on oath
of the abduction or unlawful detention of a woman,
or a female child for any unlawful purpose, a
District Magistrate, Sub-divisional Magistrate or
Magistrate of the first class may make an order for
the immediate restoration of such woman to her
liberty, or of such female child to her parent,
guardian or other person having the lawful charge
of such child, and may compel compliance with such
order, using such force as may be necessary.”
6. With the aforesaid liberty, the present writ
application stands disposed of.
7. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Rajesh Kumar Verma, J)
Rajesh/-
U T
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