Patna High Court
Braj Nandan SinghversusThe State of Bihar through Director General of Police, Government of Bihar, Patna.
- Decided
- Disposal
- DISMISSED
Holding
The writ of habeas corpus cannot be entertained and is dismissed.
Summary
Petitioner Braj Nandan Singh filed a writ of habeas corpus seeking the production of his two granddaughters, alleging they were missing and traceless. The High Court had earlier directed the Superintendent of Police to investigate. The police report revealed that the girls were living with their maternal uncle, and the petitioner had omitted these facts in his writ. The court noted the petitioner’s failure to disclose material information and the absence of any explanation for not impleading the uncle. Consequently, the court held that the writ could not be entertained and dismissed the application, allowing the petitioner to approach a competent court for any further remedy.
Issues considered
- Whether a writ of habeas corpus can be issued when the alleged missing persons are found to be residing with a relative.
- Whether the petitioner’s suppression of material facts bars the grant of the writ.
- Whether the court may dismiss the criminal writ application on these grounds.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- habeas corpus
- missing persons
- suppression of facts
- criminal writ
- court procedure
- Indian Penal Code
- Section 302
- Section 34
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.3159 of 2025
Arising Out of PS. Case No.- Year-0 Thana- District- Rohtas
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Braj Nandan Singh Son of Late Sambhu Singh Resident of village- Baradih,
P.O.- Parasiya, P.S.- Nashriganj, District- Rohtas.
... ... Petitioner
Versus
1. The State of Bihar through Director General of Police, Government of Bihar,
Patna.
2. The Director General of Police, Government of Bihar Patna.
3. The Superintendent of Police, Dehri-On-Sone, Rohtas, Bihar.
4. The Additional Superintendent of Police (Ops.) Rohtas Bihar.
5. -The Dy. S.P. Dehri-On-Sone, Rohtas Bihar.
6. The S.D.P.O. Dehri-On-Sone, Rohtas Bihar.
7. The S.H.O. Nashriganj Police Station, Rohtas, Bihar.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Ashish, Advocate
For the Respondents : Mr. P.N. Sharma, AC to AG
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
3 05-01-2026 Heard learned counsel for the petitioner and learned
AC to AG for the State of Bihar.
2. The petitioner in this case is seeking a Writ of
Habeas Corpus to trace out and produce the two missing
granddaughters of the petitioner who are said to be traceless.
3. Taking note of the aforesaid prayer of the petitioner,
this Court passed an order on 04.12.2025 directing the
Superintendent of Police, Dehri-On-Sone, Rohtas (Respondent
No. 3) and the S.H.O., Nashriganj Police Station, Rohtas, Bihar
Patna High Court CR. WJC No.3159 of 2025(3) dt.05-01-2026
2/3
(Respondent No. 7) to look into the complaint of the petitioner
and if it is found that the two minor granddaughters of the
petitioner are missing/traceless, appropriate step shall be taken
for their recovery.
4. In response, learned AC to AG for the State has
placed before this Court a report submitted by the Sub-Inspector
of Police-cum-Officer-in-Charge, Nashriganj Police Station to
the Superintendent of Police, Rohtas wherein he has described
the entire facts and circumstances. It appears on perusal thereof
that the two granddaughters of the petitioner are living with their
maternal uncle. The son of the petitioner and the father of the two
daughters was an accused in Nashriganj P.S. Case No. 361 of
2023 dated 15.12.2023 registered under Section 302/34 of the
Indian Penal Code. In the said FIR, it has been alleged that Soni
Devi who happens to be the daughter-in-law of the present
petitioner was allegedly killed by throttling. After investigation,
the son of this petitioner was though discharged and was not sent
up for trial, but on the death of the daughter-in-law of the
petitioner, her both daughters were brought to their maternal
grandfather’s home.
5. Pursuant to the order of this Court, police has
registered a Sanha being Sanha No. 160 of 2025 dated
04.12.2025 and in course of the inquiry, these facts have come up
Patna High Court CR. WJC No.3159 of 2025(3) dt.05-01-2026
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which have been placed before this Court.
6. On perusal of the writ application, we find that the
petitioner has completely suppressed all these facts in the writ
application. He impressed upon this Court that his two
granddaughters are missing and traceless. The petitioner has not
even impleaded the maternal uncles of his granddaughters who are
living with them in their village. Father of the girls has not come
to this Court.
7. At this stage, even learned counsel for the petitioner
does not dispute that both the granddaughters of the petitioner are
with their maternal uncle. No explanation has been offered as to
why these facts were not disclosed and the maternal uncle was not
made party respondent.
8. In these circumstances, we are of the considered
opinion that the criminal writ application for issuance of a Writ in the
nature of Habeas Corpus as framed cannot be entertained. It is
dismissed but with liberty to the petitioner to seek appropriate
remedy before a competent court of law, if so advised.
9. This writ application stands disposed of accordingly.
(Rajeev Ranjan Prasad, J)
(Shailendra Singh, J)
lekhi/-
U
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