Patna High Court
Ramesh Kumar SinghversusThe State of Bihar through the Chief Secretary, Govt. of Bihar,
- Decided
- Disposal
- DISPOSED
Holding
The Court did not decide the merits but directed the petitioner to file an application under Section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and disposed of the writ application.
Summary
The petitioner, Ramesh Kumar Singh, filed a writ application seeking a habeas corpus writ for the production of his minor daughter allegedly detained by private respondents in collusion with police, and also sought mandamus directing a fair investigation, arrests, and inclusion of POCSO offences. The High Court examined the relief sought and, without expressing any opinion on the merits, granted the petitioner liberty to pursue a statutory remedy under Section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which empowers a magistrate to order the restoration of an abducted female. The Court consequently disposed of the writ application, noting that pending applications, if any, would also stand disposed. No substantive findings on the alleged detention or police conduct were made.
Issues considered
- Whether the High Court can order the production of the minor child detained by private respondents and police under a writ of habeas corpus.
- Whether the Court can direct the police to conduct a fair investigation, make arrests, and add POCSO offences to the FIR through a writ of mandamus.
- Whether the petitioner should be directed to seek relief under Section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
Subjects
- habeas corpus
- mandamus
- child abduction
- POCSO
- police collusion
- statutory remedy
- Section 101
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.3230 of 2025
Arising Out of PS. Case No.-183 Year-2025 Thana- BELSAND District- Sitamarhi
======================================================
Ramesh Kumar Singh S/o Late Raj Nandan Singh R/V Madhkaul, PS-
Belsand, Dist- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna
2. The Director General of Police, Bihar, Patna
3. The Superintendent of Police, Sitamarhi Bihar
4. The Station House Officer, Belsand, P.S. Bihar
5. The Investigation Officer of Belsand P.S Case no. 183 of 2025 Bihar
6. Aman Mishra S/o Vijay Mishra R/o vill - Jafarpur, P.S.- Belsan, Distt.-
Sitamarhi
7. Vijay Mishra S/o Late Kamdev Mishra R/o vill - Jafarpur, P.S.- Belsan,
Distt.- Sitamarhi
8. Abhishek Mishra S/o Vijay Mishra R/o vill - Jafarpur, P.S.- Belsan, Distt.-
Sitamarhi
9. Soni Devi W/o Vijay Mishra R/o vill - Jafarpur, P.S.- Belsan, Distt.-
Sitamarhi
10. Kundan Kumar S/o Govind Mishra R/o vill - Jafarpur, P.S.- Belsan, Distt.-
Sitamarhi
11. Govind Mishra S/o Paras Mishra R/o vill - Jafarpur, P.S.- Belsan, Distt.-
Sitamarhi
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priyanka Singh, 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)
4 18-02-2026 Following is the relief sought for in the present writ
application:-
“A. A writ in the nature of Habeas
Patna High Court CR. WJC No.3230 of 2025(4) dt.18-02-2026
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Corpus or any other appropriate writ, order/orders,
or direction for the following:-
(i) Commanding the Respondents to
produce the minor victim (Petitioner’s daughter)
who has been unauthorisedly detained by the
private respondent nos. 6 to 11 in collusion with the
police.
B. A writ in the nature of Mandamus or
any other appropriate writ, order/orders, or
direction commanding the Respondents the
following:-
(i) To ensure proper, fair, and
expeditious investigation in connection with Belsand
P.S. Case No. 183 of 2025, in accordance with law
and under the direct supervision of a senior police
official.
(ii) To immediately arrest the accused
persons named in the FIR, including Aman Mishra
and his family members.
(iii) To add POCSO Act offences in the
FIR and conduct the investigation in accordance
with child-protection laws.
C. To any other relief/reliefs to which
the petitioners are found entitled to.”
2. Considering the facts of the case and the materials
available on record, the petitioner is granted liberty to avail the
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
Patna High Court CR. WJC No.3230 of 2025(4) dt.18-02-2026
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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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