Patna High Court
Rajesh KumarversusThe State of Bihar, Through the Chief Secretary, Government of Bihar, Patna.
- Decided
- Disposal
- WITHDRAWN
- Bench
- ARUN KUMAR JHA
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The petition is dismissed as withdrawn, with liberty to the petitioner to pursue his grievance before the appropriate forum.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 The petitioner’s counsel requested that the petition be withdrawn and that the petitioner be allowed to pursue his grievance in the appropriate forum.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 Consequently, the writ petition was disposed of as withdrawn, with liberty granted to the petitioner to approach the suitable forum for redress.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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