Smt. Kiran Gupta v. The State Of Bihar Through The Principal Home Secretary, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.369 of 2017 Arising Out of PS. Case No.-352 Year-2016 Thana- FATUA District- Patna ====================================================== Smt. Kiran Gupta wife of Sri Sunil Kumar resident of Station Road, Fatuha, P.S. Fatuha, District- Patna.

... ... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Govt. Of Bihar, Patna.

2. The Principal Home Secretary, Govt. of Bihar, Patna.

3. The Director General of Police, Bihar, Patna.

4. The Sr. S.P. Patna

5. The City S. P., Patna (Eastern)

6. The Dy. S. P., Fatuha, Patna.

7. The SHO, Fatuha, Patna

8. Ranjeet Kumar @ Bablu

9. Arjun Kumar Both sons of late Bulkan Prasad Singh, both resident of P.C. Colony, Block 'A' Kankarbagh, P. O. Lohiya Nagar, P.S. Kankarbagh, District- Patna.

10. Ravi Shankar Kumar son of Karu Prasad, resident of Mohalla Raipura Kewla Tal, P.S.- Fatuha, District- Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Shailendra Kumar Jha, Advocate For the Respondent-State:

Mr.Manish Kumar GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 23-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

2.

The petitioner has filed this application for a direction to the respondents for providing police protection as she apprehends threat to her life from private respondent nos. 8

Patna High Court CR. WJC No.369 of 2017 dt.23-07-2019 2/3 and 9.

3.

Learned counsel for the petitioner submitted that in respect of an offence committed by the private respondents, at the instance of the petitioner Fatuha P. S. Case No. 352 of 2016 dated 16.09.2016 was instituted inter alia under Sections 354 A, 461, 504 and 506 read with 34 of the Indian Penal Code. Though charge-sheet has been submitted in the said case on 31.01.2017, the petitioner and her family members are constantly receiving threat to their life from the respondent nos. 8 and 9.

4.

Learned counsel appearing for the State submitted that in case, the petitioner is apprehending threat of any kind, she should have approached the police instead of rushing to this Court under Articles 226 and 227 of the Constitution of India. 5.

I find substance in the submission made by the learned counsel for the State. Threat perception on the life of any person can be assessed by the administrative authorities and not by the Court.

6.

In that view of the matter, this application is disposed of with a direction to the petitioner to file a representation before the District Level Security Committee, Patna within four weeks from today. In case, such a

Patna High Court CR. WJC No.369 of 2017 dt.23-07-2019 3/3 representation is filed, the District Level Security Committee, Patna shall consider the same and pass appropriate orders in accordance with law.

(Ashwani Kumar Singh, J) kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.07.2019 Transmission Date 25.07.2019