Ramesh Kumar Singh v. The State of Bihar through the Chief Secretary, Govt. of Bihar
CR. WJC/3230/2025 · 2026-02-18
Rajesh Kumar Verma, Sudhir Singh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 44277 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 44277 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.3230 of 2025 Arising Out of PS. Case No.-183 Year-2025 Thana- BELSAND District- Sitamarhi ====================================================== Ramesh Kumar Singh S/o Late Raj Nandan Singh R/V Madhkaul, PS- Belsand, Dist- Sitamarhi ... ... Petitioner/s Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna
2. The Director General of Police, Bihar, Patna
3. The Superintendent of Police, Sitamarhi Bihar
4. The Station House Officer, Belsand, P.S. Bihar
5. The Investigation Officer of Belsand P.S Case no. 183 of 2025 Bihar
6. Aman Mishra S/o Vijay Mishra R/o vill - Jafarpur, P.S.- Belsan, Distt.- Sitamarhi
7. Vijay Mishra S/o Late Kamdev Mishra R/o vill - Jafarpur, P.S.- Belsan, Distt.- Sitamarhi
8. Abhishek Mishra S/o Vijay Mishra R/o vill - Jafarpur, P.S.- Belsan, Distt.- Sitamarhi
9. Soni Devi W/o Vijay Mishra R/o vill - Jafarpur, P.S.- Belsan, Distt.- Sitamarhi
10. Kundan Kumar S/o Govind Mishra R/o vill - Jafarpur, P.S.- Belsan, Distt.- Sitamarhi
11. Govind Mishra S/o Paras Mishra R/o vill - Jafarpur, P.S.- Belsan, Distt.- Sitamarhi ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Ms. Priyanka Singh, Advocate For the Respondent/s : Mr. P.K. Shahi, A.G. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 4 18-02-2026 Following is the relief sought for in the present writ application:-
“A. A writ in the nature of Habeas
Patna High Court CR. WJC No.3230 of 2025(4) dt.18-02-2026 2/3 Corpus or any other appropriate writ, order/orders, or direction for the following:- (i) Commanding the Respondents to produce the minor victim (Petitioner’s daughter) who has been unauthorisedly detained by the private respondent nos. 6 to 11 in collusion with the police. B. A writ in the nature of Mandamus or any other appropriate writ, order/orders, or direction commanding the Respondents the following:- (i) To ensure proper, fair, and expeditious investigation in connection with Belsand P.S. Case No. 183 of 2025, in accordance with law and under the direct supervision of a senior police official. (ii) To immediately arrest the accused persons named in the FIR, including Aman Mishra and his family members. (iii) To add POCSO Act offences in the FIR and conduct the investigation in accordance with child-protection laws. C. To any other relief/reliefs to which the petitioners are found entitled to.”
2. Considering the facts of the case and the materials available on record, the petitioner is granted liberty to avail the appropriate statutory remedy by filing an application under Section 101 of Bharatiya Nagarik Suraksha Sanhita, 2023, which reads as follows:-
“101. Power to compel restoration of abducted females.- Upon complaint made on oath
Patna High Court CR. WJC No.3230 of 2025(4) dt.18-02-2026 3/3 of the abduction or unlawful detention of a woman, or a female child for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her parent, guardian or other person having the lawful charge of such child, and may compel compliance with such
order, using such force as may be necessary.”
3. With the aforesaid liberty, the present writ application stands disposed of.
4. It is clarified that this Court has not expressed any opinion on the merits of this case.
5. Pending application(s), if any, shall also stand
disposed of.
Sachin/- (Sudhir Singh, J) (Rajesh Kumar Verma, J) U T