Patna High Court
Lalita DeviversusThe State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna.
- Decided
- Disposal
- DISPOSED
Holding
The Court held that a writ of habeas corpus is not appropriate where the statutory remedy under Section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is available, and therefore disposed of the petition.
Summary
The petitioner, Lalita Devi, filed a criminal writ petition seeking a habeas corpus writ to compel the police to locate and produce her minor daughter, who was allegedly kidnapped on 17-02-2025. The petition also requested a fair investigation and inclusion of all conspirators. The Court noted that habeas corpus is an extraordinary remedy and may only be granted when ordinary statutory remedies are unavailable or ineffective, citing the Supreme Court's decision in Tejaswini Gaud v. Shekhar Jagdish Prasad Tewari. Since the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a specific provision (Section 101) for the restoration of abducted females, the Court directed the petitioner to avail that statutory remedy. No opinion on the merits of the kidnapping allegation was expressed, and the writ petition was disposed of.
Issues considered
- Whether a writ of habeas corpus is appropriate when a specific statutory remedy for abduction exists
- Whether the Court can compel the police to produce the missing minor under a writ of habeas corpus
Legislation cited
Subjects
- habeas corpus
- kidnapping
- minor
- statutory remedy
- criminal writ
- Bharatiya Nagarik Suraksha Sanhita
- Section 101
- extraordinary remedy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.3308 of 2025
Arising Out of PS. Case No.-49 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
======================================================
Lalita Devi, W/O Shatrudhan Ray R/O Vill- Hilsar, Tola, P.S- Bhagwanpur
Hat, Dist- Siwan
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Home,
Govt. of Bihar, Patna. Patna
2. The Director General of Police, Bihar, Patna.
3. The Deputy Inspector General of Police, Saran Division, Chapra.
4. The Superintendent of Police, Siwan.
5. The Deputy Superintendent of Police, Siwan.
6. The Officer-in-charge, Bhagwanpur Hat Police Station, District Siwan.
Bihar
7. Guddu Kumar Son of Hareram Rai Resident of Village-Hilsar Tola, P.S.-
Bhagwanpur Hat, District-Siwan.
8. Sabita Devi Wife of Hareram Rai Resident of Village-Hilsar Tola, P.S.-
Bhagwanpur Hat, District-Siwan.
9. Hareram Rai Son of Brahm Rai Resident of Village-Hilsar Tola, P.S.-
Bhagwanpur Hat, District-Siwan.
10. Rita Devi Wife of Shambhu Rai Resident of Village-Hilsar Tola, P.S.-
Bhagwanpur Hat, District-Siwan.
11. Muni Devi Wife of Jugeshwar Rai Resident of Village-Hilsar Tola, P.S.-
Bhagwanpur Hat, District-Siwan.
12. Neha Kumari D/o Jugeshwar Rai Resident of Village-Hilsar Tola, P.S.-
Bhagwanpur Hat, District-Siwan.
13. Surendra Rai Son of Ramayan Rai Resident of Village-Bahadurpur, P.S.-
Mashrak, District-Saran.
14. Birendra Rai Son of Ramayan Rai Resident of Village- Bahadurpur, P.S.-
Mashrak, District-Saran.
15. Ashok Rai Son of Ramayan Rai Resident of Village- Bahadurpur, P.S.-
Mashrak, District-Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brajesh Kumar Singh, Advocate
For the Respondent/s : Mr. A.G.
======================================================
Patna High Court CR. WJC No.3308 of 2025(4) dt.19-02-2026
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
4 19-02-2026 Heard learned counsel for the parties.
2. The following relief has been sought in the present
criminal writ petition:
“For issuance of an appropriate writ in the nature
of habeas corpus commanding and directing the
respondents Police Officer to search/recover the
minor daughter of the petitioner and produce in
court as the daughter of the petitioner has been
kidnapped by the accused persons on 17.02.2025
and still the daughter of the petitioner is traceless.
(ii) For further direction to the respondent
authorities to conduct a fair and impartial
investigation, and to include all real accused
including newly discovered conspirators, in
connection with Bhagwanpur Hat P.S. Case No.
49/25 regarding the kidnapping of a minor girl for
marriage.
(iii) And for any other relief/reliefs for which the
petitioner is found to be entitled in the eye of law..”
3. Considering the facts of the case and the materials
available on record, and in view of the settled legal position that
a writ of Habeas Corpus is an extraordinary and discretionary
remedy which may not be exercised where an effective statutory
remedy is available, reliance can be placed upon Tejaswini
Patna High Court CR. WJC No.3308 of 2025(4) dt.19-02-2026
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Gaud v. Shekhar Jagdish Prasad Tewari, (2019) 7 SCC 42,
wherein the Hon'ble Supreme Court has in para 19 observed the
following:
"19. Habeas corpus is a prerogative writ which is
an extraordinary remedy and the writ is issued
where in the circumstances of the particular case,
ordinary remedy provided by the law is either not
available or is ineffective, otherwise a writ will not
be issued….”
4. Accordingly, the petitioner is granted liberty to
avail the appropriate/alternate statutory remedy by filing an
application under Section 101 of the 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.”
5. With the aforesaid liberty, the present writ petition
stands disposed of.
Patna High Court CR. WJC No.3308 of 2025(4) dt.19-02-2026
4/4
6. It is clarified that this Court has not expressed any
opinion on the merits of this case.
7. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Rajesh Kumar Verma, J)
Sujit/-
U
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