Indu Devi v. The State Of Bihar Through The Principal Secretary, Department Of Home, Government Of Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1855 of 2017 Arising Out of PS. Case No.-200 Year-2017 Thana- LALGANJ District- Vaishali ====================================================== Indu Devi Wife of Dilip Thakur, resident of Village- Pojhia, P.S.- Lalganj, District- Vaishali at Hajipur Bihar.
... ... Petitioner
Versus
1.
The State Of Bihar Through The Principal Secretary, Department Of Home, Government Of Bihar, Patna 2.
The District Magistrate, Vaishali at Hajipur, District- Vaishali Bihar. 3.
The Superintendent of Police, Hajipur, District- Vaishali Bihar. 4.
The Station House Officer, Lalganj Police Station, District- Vaishali Bihar. ... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhanendra Chaubey, Advocate For the Respondent/s :
Mr. Kumar Shanu, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and Mr. Kumar Shanu, learned AC to AG for the State . Petitioner in the present case is seeking a direction to the official respondents to provide protection to her life and the life of her family i.e. her husband and her two sons from unknown anti-social elements.
A perusal of the writ application would show that the husband of the petitioner was an elected Ward Commissioner and he was facing a case in which he is said to have been acquitted.
The statements made in the writ application further reveal that the husband of the petitioner had applied for a
Patna High Court CR. WJC No.1855 of 2017(2) dt.24-11-2022 2/3 Licence of Pistol/Revolver before the District Licensing Authority of Vaishali District in the year 2016 which was rejected vide memo no. 167 dated 08.06.2017 ( Annexure -2). The said Annexure -2 is under challenge in this Court in CWJC No. 12313 of 2017.
Learned counsel for the petitioner submits that for the alleged occurrence which took place on 26.08.2017 at 9:02 P.M., the husband of the petitioner lodged Lalganj P.S. Case No. 200 of 2017 dated 26.08.2017 and as per his instruction the case is still pending investigation.
It is stated that in the meantime, the husband of the petitioner has been made accused in Lalganj P.S. Case No. 202 of 2017.
Having regard to the facts and circumstances of the case, at this stage this Court deems it just and proper to direct the Superintendent of Police, Vaishali at Hajipur (respondent no.
3) to look into the progress as regards the investigation of the two cases and in case, it is found that the investigation is still pending, he will supervise the case himself within a period of two weeks from today and shall ensure submission of police report within a reasonable time.
As regards the prayer for providing protection, in case
Patna High Court CR. WJC No.1855 of 2017(2) dt.24-11-2022 3/3 the petitioner has still any threat to her life, she may bring it to the notice of the Jurisdictional Police Station where it will be examined within a period of one month and in case, the threat perception of the petitioner and her family members are found to be genuine, further action shall be taken thereon. This writ application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) ishika/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.