Patna High Court
Rubina KhatunversusThe State of Bihar, through the Additional Chief Secretary, Deptt. of Home, Govt. of Bihar,
- Decided
- Disposal
- DISPOSED
Holding
The writ application is infructuous and is therefore disposed of.
Summary
Rubina Khatun filed a writ of habeas corpus before the Patna High Court seeking relief concerning the recovery and investigation of a missing girl. The court noted that the girl had been located by a Special Investigation Team after a raid and that her statement was recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita. The petitioner complained that the investigating officer had not acted with sensitivity. The court held that, since the victim had been recovered, the writ had become infructuous and could not be entertained. It directed the Superintendent of Police to continue the investigation in accordance with guidelines for crimes against women and children and suggested administrative action if the officer’s conduct remained unsatisfactory. Accordingly, the writ application was disposed of.
Issues considered
- Whether a writ of habeas corpus remains maintainable after the alleged victim has been recovered?
- Whether the court should intervene in the conduct of the police investigation on grounds of alleged insensitivity?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 183
Subjects
- habeas corpus
- criminal investigation
- women and children protection
- police accountability
- Bharatiya Nagarik Suraksha Sanhita
- Section 183
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.674 of 2026
Arising Out of PS. Case No.-92 Year-2026 Thana- PIPRA District- East Champaran
======================================================
Rubina Khatun W/o Khurshid Alam Resident of village- Hardiyabad, Post-
Damodarpur, PS- Pipra, District- East champaran Bihar
... ... Petitioner/s
Versus
1. The State of Bihar, through the Additional Chief Secretary, Deptt. of Home,
Govt. of Bihar,
2. The Director General of Police, Bihar, Patna
3. The Inspector General of Police, Bihar, Tirhut Range, Muzaffarpur Bihar
4. The District Magistrate, East Champaran, Distt.- East Champaran at
Motihari
5. The Superintendent of Police, East Champaran, Dist.- East Champaran at
Motihari Bihar
6. The Sub-Divisional Police Officer (S.D.P.O.), Chakia, Dist.- East
Champaran at Motihari Bihar
7. The Station House Officer (S.H.O.), Pipra Police Station, P.S.- Pipra, Dist.-
East Champaran Bihar
8. Abdula Ansari S/o Ajeez Ansari R/o vill - Hardiyabad, P.S.- Pipra, Dist.-
East Champaran
9. Sajra Khatoon W/o Abdula Ansari R/o vill - Hardiyabad, P.s.- Pipra, Dist.-
East Champaran
10. Nurul Hoda S/o Abdul Karim Ansari R/o vill - Hardiyabad, P.s.- Pipra, Dist.-
East Champaran
11. Nezamuddin Ansari S/o Not Known R/o vill - Hardiyabad, P.s.- Pipra, Dist.-
East Champaran
12. Hasim Ansari S/o Masood Miya R/o vill - Hardiyabad, P.s.- Pipra, Dist.-
East Champaran
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar, Advocate
Mr. Rajnish Prakash, Advocate
Ms. Lakshmi Kumari, Advocate
For the State : Mr. S.D. Sanjay, Advocate General
Mr. Vikash Khanna, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE KUMAR MANISH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
8 23-06-2026 Heard learned counsel for the petitioner and the State.
Patna High Court CR. WJC No.674 of 2026(8) dt.23-06-2026
2/3
2. It is evident from the order dated 14.05.2026 that
the Superintendent of Police, East Champaran, Motihari was
called upon to appear in person through online mode to apprise
this Court as to the action taken on his part towards recovery of
the victim girl. On 15.05.2026, this Court directed for filing a
comprehensive affidavit by the Superintendent of Police, East
Champaran, Motihari stating as to what steps have been taken in
the matter after recovery of the victim girl.
3. Today, this Court has gone through the letter
no.1228 dated 06.06.2026 written by the Superintendent of
Police, East Champaran, Motihari to this Court. From the
statements made in paragraph '3' of the report, it appears that on
some information a raid was conducted at the place of which the
mobile tower location was found. The SIT team conducted the
raid at Delhi from where the missing victim girl was found and
recovered. The accused Jitendra Ram has been arrested.
4. Learned counsel for the petitioner admits that the
victim girl has been recovered and her statement has been
recorded under Section 183 of the Bharatiya Nagarik Suraksha
Sanhita (in short 'B.N.S.S.').
5. At this stage, learned counsel for the petitioner
prays that in this case the investigating officer has not acted well
Patna High Court CR. WJC No.674 of 2026(8) dt.23-06-2026
3/3
with sensitivity and for that reason the petitioner is aggrieved
by and dissatisfied with the manner in which the investigation
has been carried out so far.
6. We are of the considered opinion that this writ
application seeking a writ in the nature of writ of habeas corpus
has become infructuous. So far as the investigation of the case
is concerned, the Superintendent of Police, East Champaran,
Motihari shall ensure that the investigation takes place in
accordance with the guidelines meant for purpose of
investigation in the matters of crime against the women and
children. If the investigating officer is not acting properly, he
may take appropriate action in administrative side and consider
changing the investigating officer.
7. This writ application stands disposed of
accordingly.
(Rajeev Ranjan Prasad, J)
( Kumar Manish, J)
arvind/-
U
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