Braj Nandan Singh v. The State of Bihar through Director General of Police, Government of Bihar, Patna.
CR. WJC/3159/2025 · 2026-01-05
Rajeev Ranjan Prasad, Shailendra Singh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 43294 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 43294 (PAT) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.3159 of 2025 Arising Out of PS. Case No.- Year-0 Thana- District- Rohtas ====================================================== Braj Nandan Singh Son of Late Sambhu Singh Resident of village- Baradih, P.O.- Parasiya, P.S.- Nashriganj, District- Rohtas. ... ... Petitioner Versus
1. The State of Bihar through Director General of Police, Government of Bihar, Patna. 2. The Director General of Police, Government of Bihar Patna. 3. The Superintendent of Police, Dehri-On-Sone, Rohtas, Bihar. 4. The Additional Superintendent of Police (Ops.) Rohtas Bihar. 5. -The Dy. S.P. Dehri-On-Sone, Rohtas Bihar. 6. The S.D.P.O. Dehri-On-Sone, Rohtas Bihar. 7. The S.H.O. Nashriganj Police Station, Rohtas, Bihar. ... ... Respondents ====================================================== Appearance : For the Petitioner : Mr. Ashish, Advocate For the Respondents : Mr. P.N. Sharma, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 3 05-01-2026 Heard learned counsel for the petitioner and learned AC to AG for the State of Bihar. 2. The petitioner in this case is seeking a Writ of Habeas Corpus to trace out and produce the two missing granddaughters of the petitioner who are said to be traceless. 3. Taking note of the aforesaid prayer of the petitioner, this Court passed an order on 04.12.2025 directing the Superintendent of Police, Dehri-On-Sone, Rohtas (Respondent No. 3) and the S.H.O., Nashriganj Police Station, Rohtas, Bihar
Patna High Court CR. WJC No.3159 of 2025(3) dt.05-01-2026 2/3 (Respondent No. 7) to look into the complaint of the petitioner and if it is found that the two minor granddaughters of the petitioner are missing/traceless, appropriate step shall be taken for their recovery. 4. In response, learned AC to AG for the State has placed before this Court a report submitted by the Sub-Inspector of Police-cum-Officer-in-Charge, Nashriganj Police Station to the Superintendent of Police, Rohtas wherein he has described the entire facts and circumstances. It appears on perusal thereof that the two granddaughters of the petitioner are living with their maternal uncle. The son of the petitioner and the father of the two daughters was an accused in Nashriganj P.S. Case No. 361 of 2023 dated 15.12.2023 registered under Section 302/34 of the Indian Penal Code.
In the said FIR, it has been alleged that Soni Devi who happens to be the daughter-in-law of the present petitioner was allegedly killed by throttling. After investigation, the son of this petitioner was though discharged and was not sent up for trial, but on the death of the daughter-in-law of the petitioner, her both daughters were brought to their maternal grandfather’s home. 5. Pursuant to the order of this Court, police has registered a Sanha being Sanha No. 160 of 2025 dated 04.12.2025 and in course of the inquiry, these facts have come up
Patna High Court CR. WJC No.3159 of 2025(3) dt.05-01-2026 3/3 which have been placed before this Court. 6. On perusal of the writ application, we find that the petitioner has completely suppressed all these facts in the writ application. He impressed upon this Court that his two granddaughters are missing and traceless. The petitioner has not even impleaded the maternal uncles of his granddaughters who are living with them in their village. Father of the girls has not come to this Court. 7. At this stage, even learned counsel for the petitioner does not dispute that both the granddaughters of the petitioner are with their maternal uncle. No explanation has been offered as to why these facts were not disclosed and the maternal uncle was not made party respondent. 8. In these circumstances, we are of the considered opinion that the criminal writ application for issuance of a Writ in the nature of Habeas Corpus as framed cannot be entertained. It is dismissed but with liberty to the petitioner to seek appropriate remedy before a competent court of law, if so advised. 9. This writ application stands disposed of accordingly. lekhi/- (Rajeev Ranjan Prasad, J) (Shailendra Singh, J) U