IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.77 of 2026 Arising Out of PS. Case No.-47 Year-2025 Thana- MAHILA P.S. District- Saran ======================================================

Ram Krishna Trivedi, male, aged about 60 years, Son of Late Shashi Bhushan Tiwari, Resident of Village-Mirchaiya Tola Daulatganj, P.O. & P.S.-Bhagwan Bazar, District-Saran (Chapra), Bihar.

... ... Petitioner Versus

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

2. The District Magistrate, Saran at Chapra.

3. The Superintendent of Police, Saran at Chapra, Bihar.

4. The Officer-in-Charge, Mahila Police Station, Saran at Chapra, Bihar

5. Shiv Shankar @ Rudra, Son of Late Lalan Sah, Resident of Takkar Mod, near Chanda Medical Hall, Gudari Road, P.S. Bhagwan Bazar, District-Saran (Chapra), Bihar. ... ... Respondents ======================================================

Appearance :

For the Petitioner : Mr. Anand Kumar Tiwari, Advocate For the Respondents : Mr. Arvind Kumar, CGC Mr. Lokesh, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

3 16-02-2026 In the present petition, the petitioner has prayed for the following relief(s):-

“(a) Direct that the custody of the minor girl be handed over to the petitioner, who is her father and natural guardian;

(b) Direct the respondent police authorities to lodge a fresh FIR forthwith against Respondent No. 5 and other involved persons for offences disclosed in the complaint dated 10.11.2025;

(c) Direct prompt, effective and time-bound investigation, including arrest of the accused and recovery of the minor girl;

(d) For issuance of any other reliefs(s) to which the petitioner is found entitled for giving complete justice to him.”

2. Learned counsel for the State submits that the victim has already been recovered and her statement has been recorded under Section 183 of the BNSS, which has been marked as Annexure ‘X’ and kept on record. The statement of the victim is reproduced as under:- “State of the victim u/s 183 of BNSS.

On oath ¼1½ D;k vki viuk C;ku viuh ethZ ls ns jgs gS \

mRrj%& th gkWaA ¼2½ fnukad 08&11&2025 dks eq>s ?kjokys esjs lkFk ekjihV fd;s A vkSj] cksyk dh rqe ?kj ls fudy tkvksA vkSj cksys dh yM+dk ij vigj.k dk dls djasxs dh ejsh yM+dh dks Hkxk dj ys x;k gSA ¼3½ eSa ?kj ls vdsys fudy x;hA eSa b/kj m/kj HkVd jgh FkhA ¼4½ eSa b/kj m/kj jg jgh FkhA ¼5½ fQj eSa mlds ckn yM+dk ftldk uke f”ko “kda j gS] muds ?kj pyh x;hA 13&02&2026 dks f”ko “kda j ds ?kj x;s Fk]s rks irk pyk dh f”ko “kda j igys ls tys esa gSA ¼6½ blds ckn eSa Fkkuk x;h] irk djus ds fy;s f”ko “kda j tys D;kas x;k gSA irk pyk dh og esjs vigj.k dls esa vnaj x;k gSA ¼7½ f”ko “kda j esjk vigj.k ugha fd;k gSA vkSj u gh muds ?kj okys ejsk vigj.k fd;s gSA ¼8½ esjh “kknh f”ko “kda j ls gks x;h gSA eSa mUgha ds lkFk jguk pkgrh gwaA eq>s ek;ds okys ls dkbsZ eryc ugh agSA ¼9½ esjs ifr dks ekjus dk /kedh feyrk gSA ¼10½ esjs ?kj okys esjk ihNk ekjus d sfy;s djrs gSaA ¼11½ eSa f”ko “kda j d slkFk jguk pkgrh gwaA ¼12½ eSa vius llqjky tkuk pkgrh gwaA g0&14@02@2026 g0&jkf/kdk dqekjh 14@02@2026 Certificate:- This is certified that statement of victim Mrs.

Radhika Kumari has been recorded by me in my own handwriting. It is voluntarily made. It contains true and full amount of her statement. She put her signature in my presence after the victim read and understood by her in hindi.

Sd/-

14/02/2026.”

3. Learned counsel for the State further submits that the matriculation certificate of the victim has been produced, wherein her date of birth is recorded as 10.02.2008 and as per the said certificate, she has attained the age of majority. It is submitted that in view of her categorical statement and expressed desire, she has been released and permitted to go with her in-laws of her own free will.

4. Considering the above facts and circumstances, we are of the view t