Patna High Court
Renu DeviversusThe Director General of Police, Bihar, Patna
- Decided
- Disposal
- DISPOSED
Holding
The petition is to be pursued before the District Magistrate under Section 100 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the writ petition is disposed.
Summary
Petitioner Renu Devi filed a writ petition seeking a habeas corpus writ to have her son, Pramod Kumar, recovered, alleging that he had eloped. Two FIRs were registered: one by the father of the alleged victim girl and another by the petitioner herself. The High Court examined the petition and directed the petitioner to approach the District Magistrate of Jehanabad under Section 100 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which empowers the magistrate to issue a search‑warrant and take appropriate action if a person is believed to be confined unlawfully. The Court held that this statutory remedy was the appropriate avenue and therefore disposed of the writ petition. No further orders were made, and any pending applications were also ordered to stand disposed.
Issues considered
- Whether the High Court can grant a writ of habeas corpus for the recovery of the petitioner’s son in an alleged elopement case.
- Whether the appropriate remedy is to direct the petitioner to file an application under Section 100 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before the District Magistrate.
Legislation cited
Subjects
- habeas corpus
- eloping
- Section 100
- Bharatiya Nagarik Suraksha Sanhita
- family law
- child recovery
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2679 of 2025
======================================================
Renu Devi, W/o Surendra Prasad Kesari, R/o Village- Bandhugfanj, P.S.-
Ghosi, District- Jehanabad
... ... Petitioner/s
Versus
1. The Director General of Police, Bihar, Patna
2. The Addl. Secretary, Deptt. of Home Affairs, Govt. of Bihar, Patna
3. The Superintendent of Police (SP), Jehanabad
4. The Deputy Superintendent of Police (DSP), Jehanabad
5. The Station House Officer, Ghosi P.S., Jehanabad
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar, Advocate
For the Respondent/s : Mr. Amish Kumar, AC to AG
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
4 10-03-2026 Heard learned counsel for the parties.
2. The petitioner has preferred the present writ
application for the following relief :
"For issuance of a writ in the
nature of Habeas Corpus or any other
appropriate writ/ writs, order/orders,
direction/ directions, command/ commands
for commanding the respondents to recover
the son of the petitioner, namely, Pramod
Kumar."
3. From perusal of the records, it appears that two
FIRs have been instituted in respect of the alleged incident i.e.
Patna High Court CR. WJC No.2679 of 2025(4) dt.10-03-2026
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Okri P.S. Case No. 498 of 2025, instituted by the father of the
victim girl, and Ghoshi P.S. Case No. 562 of 2025, instituted by
the petitioner (mother of the victim boy), and it is a case of
eloping.
4. Considering the facts and circumstances of the
case, the petitioner is granted liberty to avail the appropriate
statutory remedy by filing an application before the District
Magistrate, Jehanabad under Section 100 of Bharatiya Nagarik
Suraksha Sanhita, 2023, which reads as follows:-
“100. If any District Magistrate, Sub-
divisional Magistrate or Magistrate of the
first class has reason to believe that any
person is confined under such circumstances
that the confinement amounts to an offence,
he may issue a search-warrant, and the
person to whom such warrant is directed
may search for the person so confined; and
such search shall be made in accordance
therewith, and the person, if found, shall be
immediately taken before a Magistrate, who
shall make such order as in the
circumstances of the case seems proper.”
5. In case any such application is made before the
District Magistrate, Jehanabad, he shall take appropriate action
in accordance with law, redressing the grievance of the
Patna High Court CR. WJC No.2679 of 2025(4) dt.10-03-2026
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petitioner.
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)
(Sunil Dutta Mishra, J)
Rajesh/-
U
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