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2026 DAILYLAW 22102 (PAT)

Sunam Devi v. The State of Bihar through Principal Secretary, Home Deptt., Govt. of Bihar, Patna

CR. WJC/191/2026 · 2026-07-02

Arun Kumar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.191 of 2026 Arising Out of PS. Case No.-69 Year-2025 Thana- PURNAHYA District- Sheohar ====================================================== Sunam Devi W/o Saheb Mahto Resident of Village- Hathisar, P.S.- Purnahiya, Dist.- Sheohar ... ... Petitioner Versus The State of Bihar through Principal Secretary, Home Deptt., Govt. of Bihar, Patna Bihar ... ... Respondent ====================================================== Appearance : For the Petitioner/s : Mr. Sangeet Deokuliar, Advocate For the Respondent/s : Mr. G.P.3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 02-07-2026 Heard learned counsel for the parties. 2. The present writ petition has been filed seeking following reliefs: “(i) Writ in the nature of MANDAMUS or any other appropriate Writ/s, Order/s, Direction/s commanding the respondent to re record the statement of victim u/s 183 of BNSS in the facts and circumstances of the case. (ii) A writ in the nature of CERTIORARI to quash the order dated 29.08.2025 passed by learned ACJM-I, Sheohar by which the learned Magistrate denied to record the statement of the victim u/s 183 of BNSS. (iii) An appropriate Writ/s, Order/s, Direction/s to allow the victim to record her re statement u/s 183 BNSS. (iv) To any other relief/s to which the petitioner is found entitled to.” 3. A writ petition filed under Article 226 of the Patna High Court CR. WJC No.191 of 2026(2) dt.02-07-2026 2/2 Constitution of India is not maintainable against judicial orders as held by the Hon’ble Supreme Court in the case of Neeta Singh & Ors. Vs. State of Uttar Pradesh & Ors., reported in 2024 SCC OnLine 5761. 4. Learned counsel for the petitioner seeks permission to convert the present criminal writ petition to criminal miscellaneous petition under Section 528 of B.N.S.S., 2023. 5. Permission, as prayed for, is accorded. 6. Accordingly, learned counsel for the petitioner is directed to convert the present criminal writ petition into a criminal miscellaneous petition within two weeks. 7. Office is directed to extend all cooperation towards the aforesaid conversion. Shahnawaz/- (Arun Kumar Jha, J) U T