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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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