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Patna High Court

Mohammad Kalim KhanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

A writ of habeas corpus is not appropriate where an effective statutory remedy under Section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is available.

Summary

Petitioners Mohammad Kalim Khan and Shakila Bano filed a criminal writ petition under Article 226 seeking a habeas corpus writ for the production of their daughter Ronak Parveen, who they allege is being held in Rajasthan in connection with a criminal case under section 137(2) of the Bharatiya Nyaya Sanhita, 2023. The Court examined the principle that a habeas corpus writ is an extraordinary remedy and may be denied where an effective statutory remedy exists. Relying on the Supreme Court’s observation in Tejaswini Gaud v. Shekhar Jagdish Prasad Tewari, the Court held that the petitioners should avail the remedy under Section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which empowers a magistrate to order the restoration of an abducted female. Consequently, the writ petition was disposed without expressing any view on the merits, and the petitioners were directed to file an application under the said statutory provision.

Issues considered

  • Whether a writ of habeas corpus can be issued when an effective statutory remedy under Section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is available.

Legislation cited

Subjects

  • habeas corpus
  • extraordinary writ
  • statutory remedy
  • Section 101
  • abduction of female
  • Article 226
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.494 of 2026
                        Arising Out of PS. Case No.-572 Year-2025 Thana- RAMPUR District- Gaya
                 ======================================================
           1.     Mohammad Kalim Khan Son of Mohammad Makbul Alam Resident of
                  Road No.3, New Karimganj, Katari Hill Road, P.S. Civil Lines, District-
                  Gaya.
           2.    Shakila Bano Wife of Mohammad Kalim Khan Resident of Road No.3, New
                 Karimganj, Katari Hill Road, P.S. Civil Lines, District-Gaya.
                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    The Superintendent of Police, Gaya, District-Gaya, State Bihar.
           3.    The Officer in-charge, Rampur Police Station, District-Gaya, State Bihar.
           4.    Ejaz Ahmed Son of Abdul Aziz Resident of Talab Pada, Rawla Chowk,
                 Ward No.17, P.S. Kotwali, District- Baran, State Rajasthan.
           5.    Parvez Alam Son of Abdul Aziz Resident of Talab Pada, Rawla Chowk,
                 Ward No.17, P.S. Kotwali, District- Baran, State Rajasthan.
           6.     Ronak Parveen Daughter of Mohammad Kalim Resident of Road No.3, New
                  Karimganj, Katari Hill Road, P.S. Civil Lines, District-Gaya. At present
                  residing at Talab Pada, Rawla Chowk, Ward No.17, P.S. Kotwali, District-
                  Baran, State Rajasthan.
                                                                         ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Kanchan Kr Singh, Adv.
                 For the Respondent/s    :        Mr. P.N. Sharma, AC to AG
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER
                       (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2   17-03-2026                    Heard learned counsel for the parties.

                               2. The following relief has been sought in the present

                   criminal writ petition:

                                  "That the present petition is being filed by the
                                  petitioners invoking the extraordinary writ jurisdiction
                                  of this Hon'ble Court under Article 226 of the
                                  Constitution of India seeking issuance of an appropriate
                                  writ in the nature of Habeas Corpus directing the
                                  respondent authorities to produce the petitioners'
                                  daughter namely Ronak Parveen, aged about 24 years,
Patna High Court CR. WJC No.494 of 2026(2) dt.17-03-2026
                                            2/3




                          before this Hon'ble Court. It is respectfully submitted
                          that the petitioners are constrained to approach this
                          Hon'ble Court in view of Rampur Police Station Case
                          No.572 of 2025 dated 06.11.2025 registered under
                          section 137(2) of the Bharatiya Nyaya Sanhita, 2023,
                          and the fact that their daughter is presently stated to be
                          residing in the State of Rajasthan in connection with the
                          said case. The petitioners seek limited judicial
                          intervention only for the purpose of enabling this
                          Hon'ble Court to ascertain the free will, safety and
                          welfare of their daughter in the backdrop of the pending
                          criminal proceedings."


                       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 petitioners are 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:-
          Patna High Court CR. WJC No.494 of 2026(2) dt.17-03-2026
                                                      3/3




                                    "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.

                                 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)


                                              ( Shailendra Singh, J)
annu/Rajesh

U


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