Madhya Pradesh High Court
Smt. Sapna Barar vs The State Of Madhya Pradesh on 28 February, 2026
Author: Anand Pathak
Bench: Anand Pathak, Hirdesh
NEUTRAL CITATION NO. 2026:MPHC-GWL:7701
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE HIRDESH
ON THE 28th OF FEBRUARY, 2026
WRIT PETITION No. 7029 of 2026
SMT. SAPNA BARAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shishupal Gurjar - Advocate for the petitioner.
Shri Mohit Shivhare - Government Advocate for respondents No.1,2 and 3/ State.
ORDER
Per: Justice Anand Pathak
Petitioner and her husband are present in person.
2 . Corpus is produced by Ms. Divya Tiwari, SHO, Police Station
Madho Ganj, Gwalior.
3. The instant petition is in the nature of habeas corpus. As per
allegation of petitioner, her minor daughter aged about 16 years (corpus
herein) is in illegal confinement of respondent No.4-Manish Jatav. Corpus is
produced by the Police Officer and it is informed that she has been recovered
from one room, taken on rent by respondent No.4-Manish Jatav at
Harishankar Puram, Gwalior.
4. This Court raised specific query from the corpus then she admits
that she is minor aged about 16 years and because of scolding of her parents,
she left her maternal home. She lived with respondent No.4 for some days in
Signature Not Verified
Signed by: VARSHA
CHATURVEDI
Signing time: 2/28/2026
4:09:04 PM
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a rental room. Now she is ready to go and live with her parents and Corpus
undertakes to engage in creative pursuit specially in educational activities
etc.
5 . This Court asked parents of the corpus including petitioner, then
they categorically submits that they are ready to take the child and would
take care of her. They shall not be a source of embarrassment and
harassment to her in any manner.
6. Considering the submissions and the purpose for which this petition
was filed, it appears that it outlived its purpose.
7. Ms. Divya Tiwari, SHO, Police Station Madho Ganj, Gwalior, who
produced the corpus before this Court, is appointed as “Shourya Didi” for
corpus for next six months.
8. The concept of “Shourya Didi” has been discussed in detail in the
case of Harchand Gurjar Vs. The State of M.P. & Ors., ILR 2024 MP 2547
by the Division Bench of this Court. Relevant discussion about “Shourya
Didi” is reproduced for ready reference as under:
“5. This is a case where corpus is recovered by police from the
perpetrators of crime and she is willing to go back to her maternal home with
her parents. On surface, things look normal, but underneath such incident
leaves dejection, despondency and depression into the psyche of a girl who is
hardly exposed to the frailties of human nature. Most of the times, she
suffers from mental and emotional trauma because of nature of incident.
Victims of sexual offences or sometimes girl left her maternal home for
marriage or being annoyed by parents or Child in Need of Care andSignature Not Verified
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Protection are some of the instances where these children need not only the
protection but some affirmative actions like Encouragement, Guidance or
Mentoring for their future course of life.
6. Who will do this mentoring or guidance, is the question. Sometimes
parents are illiterate. Sometimes they are busy in earning both the meals for
the day and sometimes they are so shocked with the incident that they cannot
handle such situation. Then, girl faces the wrath of adverse time.
7. Either parents force her to close her studies or try to marry her and
shift the responsibility. Sometimes they reprimand or scold the child in such
fashion that child again leaves the home and falls into the trap of perpetrators
waiting for such eventuality.
8. One more aspect deserves attention is Stockholm Syndrome. In
such mental situation, out of fear or anxiety or mental disposition, she falls in
love with her own perpetrator or empathizes with him and surrenders herself
to him. Even a Child in Need of Care and Protection may also undergo any
one of such eventualities, therefore, it appears that parents sometimes are
inadequately equipped to handle such situation as well as the child.
9. Then another question arises is if not parents, then who can take the
responsibility. In this condition, it appears that Society/State have to come
forward for such purpose. According to this Court, Shaurya Didi is one such
concept which if implemented effectively, then it can bring change in the
lives of many. Shaurya Didi would be a female Sub Inspector or Constable
or she may be a fit person as per Juvenile Justice Act or may be a female
staff of Women and Child Development Department living in the vicinity ofSignature Not Verified
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child/victim. They can mentor, guide and encourage the victim to come into
main stream and to encourage her to engage in creative pursuits. This way
child would be encouraged to study or to engage in vocational course so as
to stand on her own in future. Later on, she herself may become a good
volunteer as Shaurya Didi to perform this pious work.
10. This is a concept which requires evolution by the policy makers to
address the plight of victims of sexual offences as well as Child in Need of
Care and Protection and at times for Child in Conflict with Law also.
Concerned departments may think over framing Statutes/Rules/Guidelines in
detail in this regard.”
9. Ms. Divya Tiwari, SHO, Police Station Madho Ganj, Gwalior shall
take care of the corpus for next six months about her mental and emotional
well-being so that she may lead a normal family life. She shall also take
some time once in a month or so to interact with corpus and communicate
regularly for next six months to act as “Shourya Didi” for the corpus so that
she can counsel her.
10. With the aforesaid directions, the instant petition stands disposed
of as rendered infructuous.
11 . Since corpus was kept in One Stop Center, Kampoo, Gwalior,
therefore, it is directed that after completing due formalities in One Stop
Center, Corpus shall set free. She may be permitted to go with her parents.
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
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CHATURVEDI
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VC
Signature Not Verified
Signed by: VARSHA
CHATURVEDI
Signing time: 2/28/2026
4:09:04 PM