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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
                                                     2/4




                 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
                                            3/4




          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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