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Patna High Court

Damini Kumari @ Pinki PandeyversusThe State of Bihar through Director General of Police, Bihar

Decided
Disposal
DISPOSED

Holding

The Court declined to grant the writ of habeas corpus and directed the petitioner to seek relief under Section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Damini Kumari (Pinki Pandey) filed a writ of habeas corpus before the Patna High Court seeking the recovery and production of her minor daughter, who has been missing since May 2024. The Court examined the facts and the material on record and held that the appropriate remedy lies in the statutory provision of Section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which empowers a magistrate to order the restoration of an abducted female child. Consequently, the Court granted the petitioner liberty to file an application under that section and disposed of the writ application without expressing any view on the merits. All pending applications, if any, were also ordered to stand disposed. The decision essentially redirects the relief sought to a statutory mechanism rather than a direct writ of habeas corpus.

Issues considered

  • Whether a writ of habeas corpus can be issued for a missing minor child in the present circumstances
  • Whether the appropriate remedy is the statutory provision under Section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023
  • Whether the Court should express an opinion on the merits of the underlying abduction claim

Legislation cited

Subjects

  • habeas corpus
  • missing minor
  • abduction
  • statutory remedy
  • Section 101
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal writ jurisdiction
  • restoration of abducted females

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.2449 of 2024
                  Arising Out of PS. Case No.-350 Year-2024 Thana- BHABHUA District- Kaimur (Bhabua)
                  ======================================================
                  Damini Kumari @ Pinki Pandey Wife of Sri Atmanand Pandey, Daughter of
                  Late Bhagwan Tripathi Bahabua ward no.12, P.S.- Bhabua District- Kaimur
                                                                              ... ... Petitioner/s
                                                     Versus
            1.     The State of Bihar through Director General of Police, Bihar Patna
            2.    The Director General of Police, Bihar, Patna
            3.    The Deputy Inspector General of Police, Shahabad Range, Dehari, Rohtas
                  Bihar
            4.    The Superintendent of Police, Kaimur at Bhabua Bihar
            5.    The Sub-Divisional Police Officer, Bhabua, District. Kaimur at Bhabua
                  Bihar
            6.     The Officer in Charge, Bhabua Police Station, Kaimur at Bhabua. Bihar
                                                                           ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :         Mr. Rajesh Kumar Mishra, Advocate
                  For the Respondent/s   :         Mr. P.K. Shahi, A.G.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                          and
                          HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER
                  (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

15   18-02-2026                   Following is the relief sought for in the present writ

                    application:-

                                                        “1. That this writ application is being
                                             filed for issuance of writ of Habeas Corpus directing
                                             the Respondent authorities to recover and produce
                                             the minor daughter of the petitioner who is traceless
                                             since May 2024. And/Or
                                                        Pass such other order/orders as your
                                             Lordships may deem fit and proper in the facts and
                                             circumstances of the case.”
                                2. Considering the facts of the case and the materials

                    available on record, the petitioner is granted liberty to avail the
           Patna High Court CR. WJC No.2449 of 2024(15) dt.18-02-2026
                                                       2/2




                     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.”


                                 3. With the aforesaid liberty, the present writ

                     application stands disposed of.

                                 4. It is clarified that this Court has not expressed any

                     opinion on the merits of this case.

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

                     disposed of.



                                                 (Sudhir Singh, J)


                                            (Rajesh Kumar Verma, J)
Sachin/-

U      T


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