Patna High Court
Manish PanditversusThe State of Bihar through D.G.P. Bihar,
- Decided
- Disposal
- DISPOSED
Holding
The Court held that a writ of habeas corpus is not appropriate where an effective statutory remedy, namely Section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is available.
Summary
Manish Pandit filed a criminal writ petition seeking a writ of habeas corpus for the production of his wife, Sweta Kumari, who he alleges has been abducted by a private respondent since September 2025. The petition argued that the respondents, including police officials, were preventing her return. The Court examined the principle that a writ of habeas corpus is an extraordinary remedy and may not be issued when an effective statutory remedy is available. Relying on the Supreme Court’s decision in Tejaswini Gaud v. Shekhar Jagdish Prasad Tewari, the Court held that the petitioner should instead invoke Section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Accordingly, the Court granted liberty to file the statutory application and disposed of the writ petition without expressing any view on the merits.
Issues considered
- Whether a writ of habeas corpus can be entertained when an effective statutory remedy for the restoration of an abducted woman exists under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
Subjects
- habeas corpus
- statutory remedy
- abduction of woman
- criminal writ jurisdiction
- Section 101
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.450 of 2026
======================================================
Manish Pandit S/o Dilip Pandit R/o Village- Panserwa, PS and PO-
Hasanganj, Distt- Katihar, Pin Code No.854337
... ... Petitioner/s
Versus
1. The State of Bihar through D.G.P. Bihar, Patna
2. The I.G. Darbhanga Division, Muzaffarpur
3. The Superintendent of Police, Saharsa
4. The Officer-Incharge Bangaon, Police Station - Saharsa
5. Shankar Dayal Pandit S/o Not Given R/o vill - Chainpur Uttar Khand, ward
no. 9, P.S.- Bangaon, Distt.- Saharsa, Pin Code-852212
6. Asha Devi W/o Shankar Dayal Pandit R/o vill - Chainpur Uttar Khand, ward
no. 9, P.S.- Bangaon, Distt.- Saharsa, Pin Code-852212
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishwanath Prasad, Advocate
For the Respondent/s : Mr. P.K. Shahi, A.G.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 11-03-2026 Heard learned counsel for the parties.
2. The following relief has been sought in the present
criminal writ petition:
“That, the Present application is being filed for
direction to the Respondents to produce Wife of the
petitioner (Sweta Kumari) who is under grip of
Private Respondent since.14.09.2025 when she
went there Parental house with her father on Bidai
and thereafter thrice the petitioner has visited his
father in-la house to brought with him but every
time his life was not available at her Naihar and it
Patna High Court CR. WJC No.450 of 2026(2) dt.11-03-2026
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was told that she went their co-relative and as soon
as she return him will be send to her Sasural”
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
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
Patna High Court CR. WJC No.450 of 2026(2) dt.11-03-2026
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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.
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)
(Sunil Dutta Mishra, J)
Anushka/-
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