Patna High Court
Ram Krishna TrivediversusThe State of Bihar through the Chief Secretary, Government of Bihar, Patna
- Decided
- Disposal
- DISPOSED
Holding
Since the victim is now a major and has voluntarily chosen to leave, no further order is required and the petition is disposed.
Summary
The petitioner, Ram Krishna Trivedi, sought custody of his daughter, a minor girl, a fresh FIR against the accused, and a prompt investigation. The State submitted that the girl had been recovered, her statement recorded under Section 183 of the Bihar Nirbhaya (Sexual Offences) Act, and her matriculation certificate showed a birth date of 10‑02‑2008, making her a major. The victim voluntarily gave a statement expressing her desire to return to her in‑laws, and the authorities released her accordingly. The Court examined the victim's age, her free‑will declaration, and the lack of any pending criminal necessity. Concluding that no further judicial intervention was required, the Court disposed of the petition.
Issues considered
- Whether the petitioner is entitled to custody of the girl despite her attaining majority.
- Whether a fresh FIR and further investigation are necessary after the victim's statement and release.
- Whether the victim's statement under Section 183 of the Bihar Nirbhaya (Sexual Offences) Act suffices to close the proceedings.
Subjects
- custody
- minor
- age of majority
- Section 183
- victim statement
- fresh FIR
- investigation
- petition disposed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.77 of 2026
Arising Out of PS. Case No.-47 Year-2025 Thana- MAHILA P.S. District- Saran
======================================================
Ram Krishna Trivedi, male, aged about 60 years, Son of Late Shashi Bhushan
Tiwari, Resident of Village-Mirchaiya Tola Daulatganj, P.O. & P.S.-Bhagwan
Bazar, District-Saran (Chapra), Bihar.
... ... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna
2. The District Magistrate, Saran at Chapra.
3. The Superintendent of Police, Saran at Chapra, Bihar.
4. The Officer-in-Charge, Mahila Police Station, Saran at Chapra, Bihar
5. Shiv Shankar @ Rudra, Son of Late Lalan Sah, Resident of Takkar Mod,
near Chanda Medical Hall, Gudari Road, P.S. Bhagwan Bazar, District-Saran
(Chapra), Bihar. ... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Anand Kumar Tiwari, Advocate
For the Respondents : Mr. Arvind Kumar, CGC
Mr. Lokesh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
3 16-02-2026 In the present petition, the petitioner has prayed for
the following relief(s):-
“(a) Direct that the custody of the minor girl be
handed over to the petitioner, who is her father
and natural guardian;
(b) Direct the respondent police authorities to
lodge a fresh FIR forthwith against Respondent
No. 5 and other involved persons for offences
disclosed in the complaint dated 10.11.2025;
(c) Direct prompt, effective and time-bound
investigation, including arrest of the accused
and recovery of the minor girl;
(d) For issuance of any other reliefs(s) to which
the petitioner is found entitled for giving
Patna High Court CR. WJC No.77 of 2026(3) dt.16-02-2026
2/3
complete justice to him.”
2. Learned counsel for the State submits that the
victim has already been recovered and her statement has been
recorded under Section 183 of the BNSS, which has been
marked as Annexure ‘X’ and kept on record. The statement of
the victim is reproduced as under:-
“State of the victim u/s 183 of BNSS.
On oath
¼1½ D;k vki viuk C;ku viuh ethZ ls ns jgs gS \
mRrj%& th gkWaA
¼2½ fnukad 08&11&2025 dks eq>s ?kjokys esjs lkFk ekjihV fd;s A vkSj] cksyk dh
rqe ?kj ls fudy tkvksA vkSj cksys dh yM+dk ij vigj.k dk dsl djsaxs dh esjh
yM+dh dks Hkxk dj ys x;k gSA
¼3½ eSa ?kj ls vdsys fudy x;hA eSa b/kj m/kj HkVd jgh FkhA
¼4½ eSa b/kj m/kj jg jgh FkhA
¼5½ fQj eSa mlds ckn yM+dk ftldk uke f”ko “kadj gS] muds ?kj pyh x;hA
13&02&2026 dks f”ko “kadj ds ?kj x;s Fks] rks irk pyk dh f”ko “kadj igys ls tsy
esa gSA
¼6½ blds ckn eSa Fkkuk x;h] irk djus ds fy;s f”ko “kadj tsy D;ksa x;k gSA irk
pyk dh og esjs vigj.k dsl esa vanj x;k gSA
¼7½ f”ko “kadj esjk vigj.k ugha fd;k gSA vkSj u gh muds ?kj okys esjk vigj.k
fd;s gSA
¼8½ esjh “kknh f”ko “kadj ls gks x;h gSA eSa mUgha ds lkFk jguk pkgrh gwaA eq>s ek;ds
okys ls dksbZ eryc ugha gSA
¼9½ esjs ifr dks ekjus dk /kedh feyrk gSA
¼10½ esjs ?kj okys esjk ihNk ekjus ds fy;s djrs gSaA
¼11½ eSa f”ko “kadj ds lkFk jguk pkgrh gwaA
¼12½ eSa vius llqjky tkuk pkgrh gwaA
g0&14@02@2026
g0&jkf/kdk dqekjh 14@02@2026
Certificate:- This is certified that statement of victim Mrs.
Patna High Court CR. WJC No.77 of 2026(3) dt.16-02-2026
3/3
Radhika Kumari has been recorded by me in my own handwriting. It
is voluntarily made. It contains true and full amount of her
statement. She put her signature in my presence after the victim read
and understood by her in hindi.
Sd/-
14/02/2026.”
3. Learned counsel for the State further submits that
the matriculation certificate of the victim has been produced,
wherein her date of birth is recorded as 10.02.2008 and as per
the said certificate, she has attained the age of majority. It is
submitted that in view of her categorical statement and
expressed desire, she has been released and permitted to go with
her in-laws of her own free will.
4. Considering the above facts and circumstances, we
are of the view that no further order is required to be passed in
the present matter.
5. Accordingly, this application stands disposed of.
6. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J.)
(Rajesh Kumar Verma, J.)
Gaurav Kumar,
Ibrar/-
U T
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