Patna High Court
CR. WJC/110/2026 of Banti Kumar Vs The State of Bihar through the Additional Chief Secretary, Home Department, Government of Bihar on 23 July 2026
COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.110 of 2026 ====================================================== Banti Kumar S/o Vijay Kumar R/o Mohalla - Bhaisasur, Biharsharif, District - Nalanda, Pin - 803101 ... ... Petitioner Versus 1. The State of Bihar through the
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.110 of 2026
======================================================
Banti Kumar S/o Vijay Kumar R/o Mohalla - Bhaisasur, Biharsharif, District - Nalanda, Pin - 803101
... ... Petitioner
Versus
1.
The State of Bihar through the Additional Chief Secretary, Home Department, Government of Bihar Patna,
2.
The Director General of Police, Bihar, Patna
3.
The Senior Superintendent of Police, Nalanda, Bihar
4.
The District Magistrate, Nalanda, Bihar
5.
The Deputy Superintendent of Police, Nalanda, Bihar
6.
The National Commission for Women, Government of India, New Delhi
7.
Arun Kumar N/A R/o Village - Kishanpur, Sargaon, District - Nalanda, Bihar - 803114
8.
Divya Kumari D/o Arun Kumar R/o Village - Kishanpur, Sargaon, District - Nalanda, Bihar - 803114
... ... Respondents
Appearance :
For the Petitioner
:
None
For the Resp Nos. 7&8
:
Mr. Hari Shankar Roy, Advocate
For the State
:
Mr. Shashwat Agarwal, AC to AG
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
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ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
23-07-2026 No one has appeared on behalf of the petitioner.
2. Learned counsel for the Respondent Nos. 7 and 8 is present. A counter affidavit has been filed on behalf of respondent no. 4 as well as on behalf of respondent nos. 7 and 8.
3. On going through the statements made in the counter affidavit of Respondent No. 4, it appears that earlier, this Court had called for a report from the Respondent No. 3 regarding the matter in issue. Thereupon, a report dated
14.03.2026 along with inquiry report submitted by the S.H.O, Deepnagar Police Station was submitted by Respondent No. 3. It is stated that the private Respondent No. 7 arrived Deepnagar Police Station on 03.12.2025 and made a complaint that her daughter aged about 18 years has been molested by some boys. Thereafter, the patrolling team was informed, the patrolling team visited the village where they learnt that the boy and girl had gone to Akharapar. The boy and girl with their parents were brought to Deepnagar Police Station for interrogation. It is stated that the boy (the petitioner) and the corpus (Respondent No. 8) did not produce any certificate of valid marriage, therefore, the petitioner and the respondent no. 8 were handed over to their respective relatives on written Zimmenama and in this regard, Deepnagar P.S. Sanha No. 164 of 2025 dated 03.12.2025 has been registered. It further appears that the respondent no. 7 had brought the private respondent no. 8 to his house on the Zimmenama that the respondent no. 8 will not be assaulted and she will be kept with him with proper dignity.
4. From the counter affidavit of the Respondent Nos. 7 and 8, it appears that it has been sworn by the Respondent No. 8 who has claimed herself aged about 18 years. She has stated that the writ application does not contain true and correct facts and it has been brought only with a view to cast shadow on the social reputation of the respondent nos. 7 and 8 and to destroy the future of the respondent no. 8. Respondent no. 8 has, thus, contested the reliefs prayed in the writ application.
5. At this stage, one I.A. No. 1 of 2026 has been filed on behalf of the Respondent No. 7. By filing the interlocutory application, the respondent no. 7 has brought to the notice of this Court that on 17.03.2026 while she was traveling with the family members of respondent no. 7, she expressed her desire to go for a natural call but as soon as she came out from the bus, the writ petitioner along with other family members forcibly got the respondent no. 8 sat in their car and succeeded in taking her away. It is stated that in this connection, the respondent no. 7 has lodged a case giving rise to Ichak Hazaribagh P.S. Case No. 45 of 2026 dated 18.03.2026. The said case is under investigation. In this connection, the letters as contained in Annexure- ‘R7/A’ and Annexure- ‘R7/B’ to the I.A. have been enclosed with the interlocutory application.
6. Since the petitioner is not represented, it appears that the petitioner has no interest in pursuing the writ application, however, on going through the statements made in the I.A. No. 1 of 2026, we are of the considered opinion that the case lodged by the Respondent No. 7 with the Ichak Police Station, Hazaribagh is required to be properly investigated.
7. This Court directs the Superintendent of Police, Nalanda to provide all cooperation to the Ichak Police Station, Hazaribagh in the matter of verification of the persons who are accused in Ichak Hazaribagh P.S. Case No. 45 of 2026 dated 18.03.2026, namely, (1) Banti Kumar, (2) Vikash Raj, both sons of Vijay Prasad, (3) Manju Devi wife of Vijay Prasad and (4) son-in-law of Manju Devi. The Superintendent of Police, Nalanda shall get in touch with the Superintendent of Police, Hazaribagh and take appropriate steps in this matter to reveal the truth.
8. It is open to the respondent no. 7 to seek his remedy before the appropriate court/forum in connection with Ichak Hazaribagh P.S. Case No. 45 of 2026 dated 18.03.2026.
9. This writ application stands disposed of accordingly.
10. Copy of the order be sent to Superintendent of Police, Hazaribagh as well as to the Superintendeent of Police, Nalanda.
lekhi/-Tanishka/- (Rajeev Ranjan Prasad, J) (Sunil Dutta Mishra, J) U