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Patna High Court

Rajesh KumarversusThe State of Bihar, Through the Chief Secretary, Government of Bihar, Patna.

Decided
Disposal
WITHDRAWN

Holding

The petition is dismissed as withdrawn, with liberty to the petitioner to pursue his grievance before the appropriate forum.

Summary

Petitioner Rajesh Kumar filed a writ petition seeking a direction to the police authorities to trace, recover, and produce his daughter who had been missing since 10 October 2025 in connection with a police case. The petitioner alleged that although the daughter was recovered, the trial court ordered her to be handed over to the alleged kidnapper, an order dated 13 February 2026, which he sought to challenge. The petitioner’s counsel requested that the petition be withdrawn and that the petitioner be allowed to pursue his grievance in the appropriate forum. The Court, after hearing the counsel, permitted the withdrawal of the petition. Consequently, the writ petition was disposed of as withdrawn, with liberty granted to the petitioner to approach the suitable forum for redress.

Issues considered

  • Whether the High Court can direct the police to trace, recover, and produce a missing person under a writ jurisdiction.
  • Whether the order of the trial court handing over the recovered daughter to the alleged kidnapper is legally valid and can be challenged through this writ petition.
  • Whether the petitioner may withdraw the writ petition and approach another forum for relief.

Subjects

  • missing person
  • writ jurisdiction
  • petition withdrawal
  • police duty
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.199 of 2026
                       Arising Out of PS. Case No.-212 Year-2025 Thana- Mehendiya District- Arwal
                 ======================================================
                 Rajesh Kumar S/o Janardhan Singh R/o vill.- Karan Bagh, P.O.- Injore, P.S.-
                 Mehnadiya, Distt- Arwal, Bihar- 804425

                                                                                    ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar, Through the Chief Secretary, Government of Bihar,
                 Patna. Patna
           2.    The Director General of Police, Bihar Patna.
           3.    The Inspector General of Police, Magadh Zone Bihar.
           4.    The Superintendent of Police, District- Arawal Bihar.
           5.    The Officer-in-Charge, Mehandiya Police Station District Arawal Bihar
           6.    The IO of Mehandiya P.S. Case No. 212/2025, District-Arawal Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Sudhanshu Prakash, Adv.
                 For the Respondent/s    :        Mr.Rajan Prakash, AC to GA-2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   16-02-2026                     Learned counsel for the petitioner, at the outset,

                   submits that the petitioner has filed the present case seeking

                   direction to the respondent authorities to trace, recover and

                   produce daughter of the petitioner who has been missing since

                   10.10.2025 in connection with Mehendiya P.S. Case No. 212 of

                   2025 which was instituted due to missing of the daughter of the

                   petitioner.

                                 02. Learned counsel further submits that the daughter

                   of the petitioner was recovered though by the orders of the

                   learned trial court she has been handed over to her kidnapper.
             Patna High Court CR. WJC No.199 of 2026(2) dt.16-02-2026
                                                         2/2




                                    03. Learned counsel further submits that he intends to

                       challenge the said order dated 13.02.2026 and submits that the

                       present writ petition may be disposed of with liberty to the

                       petitioner to agitate his grievances before the appropriate forum,

                       in accordance with law.

                                    04. In the light of aforesaid submission, permission is

                       accorded for withdrawal of the present petition. Accordingly, the

                       present petition is disposed of as withdrawn with liberty as

                       aforesaid.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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