Patna High Court
Anita DeviversusThe State of Bihar through Principal Secretary, Deptt. of Home Affairs, Patna
- Decided
- Disposal
- DISPOSED
Holding
The Court disposed of the writ petition as the victim, now a major, had been recovered and her statement recorded under Section 183 BNSS, leaving no basis for further relief.
Summary
Anita Devi, widow of the deceased Sanjay Yadav, filed a criminal writ petition challenging actions of the State of Bihar and various police officials. The petition was filed after a victim girl, alleged to be a minor, was recovered and handed over to her in‑laws following her statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The High Court noted that the victim was now a major and had expressed a desire to stay with her in‑laws. Consequently, the Court found no further ground to entertain the writ and ordered the matter closed. The writ application was therefore disposed of.
Issues considered
- Whether the writ petition should proceed when the victim has been recovered and a statement recorded under Section 183 BNSS?
- Whether the State and police officials can be held liable for any alleged misconduct after the victim’s voluntary return?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 183
Subjects
- criminal writ
- victim recovery
- Section 183
- BNSS
- writ disposal
- state liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.203 of 2026
Arising Out of PS. Case No.-894 Year-2025 Thana- BIHTA District- Patna
======================================================
Anita Devi Wife of Late Sanjay Yadav Resident of Village- Kanhauli, Post-
Bajitpur, P.S.- Bihta, District- Patna
... ... Petitioner
Versus
1. The State of Bihar through Principal Secretary, Deptt. of Home Affairs,
Patna
2. The District Magistrate, Patna
3. The Senior Superintendent of Police, West Patna
4. The SDPO, Phulwarishariff
5. The SHO, Bihta
6. The Investigation Officer, Poonam Kumari, Police Station- Bihta
7. Sashi Bhushan Paswan @ Aklu Paswan N.A. Resident of Village- Kanhauli,
Post- Bajitpur, P.S.- Bihta, District- Patna
8. Vishal Kumar Son of Sashi Bhushan Paswan @ Aklu Paswan Resident of
Village- Kanhauli, Post- Bajitpur, P.S.- Bhta, District- Patna
9. The Addl. Director General of Police, Weaker Section, Sardar Patel Bhawan,
Baily Road, Jawahar Lal Nehru Marg, Patna,
... ... Respondents
======================================================
Appearance :
For the Petitioner : None
For the State : Mr. S.D.Samjay, A.G
Mr. Mohit Agarwal, A.C to A.G
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE KUMAR MANISH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
6 22-06-2026 No one appears on behalf of the petitioner. Learned
AC to AG is present for the State.
2. It appears from the order dated 25.05.2026 passed
by the learned Single Judge presiding over the vacation Bench
that on the same date, learned counsel for the petitioner as well
Patna High Court CR. WJC No.203 of 2026(6) dt.22-06-2026
2/2
as learned counsel for the State were present through virtual
mode and the Court was informed that the victim girl being a
major has been recovered and handed over to her in-laws’
family, as per the desires shown by her, after recording her
statement under Section 183 of the Bharatiya Nagarik Suraksha
Sanhita (BNSS).
3. Taking note of the aforesaid developments, we
close the matter.
4. This writ application stands disposed of
accordingly.
(Rajeev Ranjan Prasad, J)
(Kumar Manish, J)
SUSHMA2/-
Ritwika/-
U T
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