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Patna High CourtCR. WJC/221/2022dismissed

Ranjita Kumari v. The State Of Bihar Through The Additional Chief Secretary, Deptt. Of Home, Bihar, Patna .

2023-09-01Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.221 of 2022 Arising Out of PS. Case No.-438 Year-2018 Thana- AGAMKUAN District- Patna ====================================================== RANJITA KUMARI W/o Manoj Kumar Sah Resident of Dulari Neer, Chanakya Nagar, Kumhrar, P.S.- Agamkuan, District- Patna. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR THROUGH THE ADDITIONAL CHIEF SECRETARY, DEPTT. OF HOME, BIHAR, PATNA . BIHAR 2.

The District Magistrate, Patna Bihar 3.

The Senior Superintendent of Police, Patna Bihar 4.

The Superintendent of Police, East, Patna. Bihar 5.

The Officer- in- Charge, Agamkuan Police Station, District- Patna. Bihar 6.

Shambhu Nath Son of Late Nath Sah Resident of Dulari Neer, Chanakaya Nagar, Kumhrar, P.S.- Agamkuan, District- Patna. 7.

Hena Sah W/o Shambhu Nath Sah Resident of Dulari Neer, Chanakaya Nagar, Kumhrar, P.S.- Agamkuan, District- Patna. 8.

Kumar Jayant Son of Shambhu Nath Sah Resident of Dulari Neer, Chanakaya Nagar, Kumhrar, P.S.- Agamkuan, District- Patna. 9.

Kumar Sumant Son of Shambhu Nath Sah Resident of Dulari Neer, Chanakaya Nagar, Kumhrar, P.S.- Agamkuan, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Randhir Kumar No.1, Advocate.

For the Respondent/s :

Mr. Sheo Shankar Prasad, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-09-2023 Heard learned counsel for the parties concerned.

2. The petitioner claims to be the joint owner of a property through her husband situated in Mauza Kumhrar, Tauzi No. 189/14801, Khata No. 309, Khesra No. 581 in Mohalla Chanakya Nagar, under Agamkuan Police Station, Distt. Patna, measuring an area of 10 dhurs.

Patna High Court CR. WJC No.221 of 2022(3) dt.01-09-2023 2/3

3. Learned counsel for the petitioner submits that property in question, which is double storied building, was purchased in the joint name of husband of this petitioner as well as petitioner's sister-in-law (Gotni) namely, Hena Sah. He further submits that in the year 2017 when the petitioner went to her village on the occasion of Chhath Puja and she returned back, she found that her room was locked by the elder brother of her husband and upon inquiry, he told the petitioner that they would not allow them to live in he said premises and since then, the petitioner has not been allowed to enter into the joint property owned by her husband and the elder sister-in-law (Gotni). According to the petitioner, the joint mutation has been done in the name of petitioner's husband and sister-in-law (Gotni).

4. The present writ application has been filed for a direction to the authority to protect the life and property of the petitioner and her belongings from the private respondent.

5. After having heard learned counsel for the parties and taking into consideration the nature of dispute it appears that there is purely private dispute

Patna High Court CR. WJC No.221 of 2022(3) dt.01-09-2023 3/3 between the family members and, therefore, no direction can be issued to the State in the present case.

6. Accordingly, this writ application stands dismissed.

(Anil Kumar Sinha, J) S.Ali/- U