Umesh Kumar v. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.362 of 2026 Arising Out of PS. Case No.-406 Year-2025 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Umesh Kumar, S/O Baijnath Prasad @ Baijnath Chaudhary, Resident of Village and P.O.- Chausa, Durga Mandir Station Road, P.S.- Buxar, DistrictBuxar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. Patna 2.

The Director General- Cum-Inspector General of Police, Bihar, Patel Bhawan, Bailey Road Patna- 800023 3.

Superintendent of Police, Buxar 4.

Sub Divisional Police Officer, Buxar 5.

S.H.O., Buxar (M) 6.

Vivek Chaubey Son of Anil Chaubey Resident of village- Dehri, P.S.-Rajpur, District- Buxar.

7.

Anil Chaubey Son of unknown Resident of village- Dehri, P.S.-Rajpur, District- Buxar.

8.

Indu Chaubey Wife of Anil Chaubey Resident of village- Dehri, P.S.-Rajpur, District- Buxar. Mob. No.- 9117499461 9.

Sakshi Chaubey D/o Anil Chaubey Resident of village- Dehri, P.S.-Rajpur, District- Buxar.

10.

Vikky Chaubey Son of Anat Chaubey Resident of village- Dehri, P.S.- Rajpur, District- Buxar.

11.

Shubham Chaubey Son of Anat Chaubey Resident of village- Dehri, P.S.- Rajpur, District- Buxar. Mob. No.- 7707086088. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nagendra Kumar Singh, Advocate Mr.Sangiv Kumar, Advocate For the Respondent/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 18-02-2026 Heard learned counsel for the parties.

Patna High Court CR. WJC No.362 of 2026(2) dt.18-02-2026 2/3

2. The following relief has been sought in the present criminal writ petition:

"For issuance of appropriate writ, order or direction to the official respondent no. 2 to 4 be produce the victim girl of Buxar (M) P.S.Case No. 406/2025 dated 27/12/2025 registered under Sections-96/137(1) B.N.S. in which she has been kidnapped by the private respondent nos. 5 to 11 and for grant of all consequential benefits."

3. 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 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."

4. With the aforesaid liberty, the present writ petition stands disposed of.

Patna High Court CR. WJC No.362 of 2026(2) dt.18-02-2026 3/3

5. It is clarified that this Court has not expressed any opinion on the merits of this case.

6. Pending application(s), if any, shall also stand disposed of.

(Sudhir Singh, J) (Rajesh Kumar Verma, J) Sujit/- U