Patna High Court
Umesh KumarversusThe State of Bihar through the Chief Secretary, Government of Bihar, Patna.
- Decided
- Disposal
- DISPOSED
Holding
The Court did not decide the merits but directed the petitioner to avail the remedy under Section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and disposed of the writ petition.
Summary
The petitioner, Umesh Kumar, filed a criminal writ petition seeking a writ directing the police officials to produce a girl who was allegedly kidnapped by private respondents. The petition alleged that the victim was abducted in violation of Sections 96/137(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court examined the materials on record and, without expressing any view on the merits, granted the petitioner liberty to seek relief under Section 101 of the same Act, which empowers a magistrate to order the immediate restoration of an abducted woman or female child. The Court directed that the petitioner may file an application under that provision for the restoration of the victim. Consequently, the writ petition was disposed of, with the Court clarifying that it has not ruled on the substantive issues of the case.
Issues considered
- Whether a criminal writ petition can compel police officials to produce an abducted female victim.
- Whether Section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides an appropriate statutory remedy for the petitioner.
Legislation cited
Subjects
- criminal writ
- kidnapping
- abduction
- Section 101
- Bharatiya Nagarik Suraksha Sanhita
- victim restoration
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.362 of 2026
Arising Out of PS. Case No.-406 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
======================================================
Umesh Kumar, S/O Baijnath Prasad @ Baijnath Chaudhary, Resident of
Village and P.O.- Chausa, Durga Mandir Station Road, P.S.- Buxar, District-
Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
Patna
2. The Director General- Cum-Inspector General of Police, Bihar, Patel
Bhawan, Bailey Road Patna- 800023
3. Superintendent of Police, Buxar
4. Sub Divisional Police Officer, Buxar
5. S.H.O., Buxar (M)
6. Vivek Chaubey Son of Anil Chaubey Resident of village- Dehri, P.S.-Rajpur,
District- Buxar.
7. Anil Chaubey Son of unknown Resident of village- Dehri, P.S.-Rajpur,
District- Buxar.
8. Indu Chaubey Wife of Anil Chaubey Resident of village- Dehri, P.S.-Rajpur,
District- Buxar. Mob. No.- 9117499461
9. Sakshi Chaubey D/o Anil Chaubey Resident of village- Dehri, P.S.-Rajpur,
District- Buxar.
10. Vikky Chaubey Son of Anat Chaubey Resident of village- Dehri, P.S.-
Rajpur, District- Buxar.
11. Shubham Chaubey Son of Anat Chaubey Resident of village- Dehri, P.S.-
Rajpur, District- Buxar. Mob. No.- 7707086088.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nagendra Kumar Singh, Advocate
Mr.Sangiv Kumar, Advocate
For the Respondent/s : Mr. A.G.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 18-02-2026 Heard learned counsel for the parties.
Patna High Court CR. WJC No.362 of 2026(2) dt.18-02-2026
2/3
2. The following relief has been sought in the present
criminal writ petition:
“For issuance of appropriate writ, order or
direction to the official respondent no. 2 to 4 be
produce the victim girl of Buxar (M) P.S.Case No.
406/2025 dated 27/12/2025 registered under
Sections-96/137(1) B.N.S. in which she has been
kidnapped by the private respondent nos. 5 to 11
and for grant of all consequential benefits.”
3. 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 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.”
4. With the aforesaid liberty, the present writ petition
stands disposed of.
Patna High Court CR. WJC No.362 of 2026(2) dt.18-02-2026
3/3
5. It is clarified that this Court has not expressed any
opinion on the merits of this case.
6. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Rajesh Kumar Verma, J)
Sujit/-
U
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