Patna High CourtCWJC/5936/2014disposed

Fuljhari Devi v. The State Of Bihar And ORS

2016-10-25Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5936 of 2014 ======================================================

1. Fuljhari Devi Wife Of Late Shyam Narayan Sharma Resident Of Mohalla + P.O.- Bangali Tola, Old Chock, Ward No. 24, House No. 3, P.S.- Town Buxer, District- Buxer .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Chief Secretary, Government of Bihar, Old Secretariat Patna

3. Home Commissioner/Principal Secretary, Department Of Home, Bihar, Patna

4. Director General Of Police, Govt. Of Bihar, Patna

5. District Magistrate, Buxer

6. Superintendent of Police, Buxer

7. Office In-Charge, Town Police Station, Buxer

8. S.D.O., Buxer

9. Principal Secretary, Revenue and Land Reforms Department, Govt. Of Bihar, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar Sinha For the Respondent/s : AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 25-10-2016 Heard Mr. Pandey, Sr. Advocate, for the petitioner and AC to GA-2 for the State.

The petitioner is a lady and seeks protection to her life and property. Initially, she had approached the Bihar Human Right's Commission wherein some order was passed. It is stated that in the light of the said order, the petitioner approached the authorities including the Sub Divisional Magistrate for taking steps in accordance with law and provide protection to her. If there is any threat perception to her life, the

Patna High Court CWJC No.5936 of 2014 (3) dt.25-10-2016 2/2 petitioner would be at liberty to approach the District Security Committee (for short 'the Committee') for providing her protection, if in the appraisal of the Committee, she does require such protection. In so far as the protection to her property is concerned, there is adequate provisions under the Code of Criminal Procedure ( for short 'the Code') which can be invoked to restrain the party from obstructing in peaceful enjoyment of the property.

The writ petition is disposed of granting liberty to the petitioner to invoke the relevant provisions of the Code. If any such application is filed, it is expected, the respondent authority will take cognizance of the application and proceed thereon in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U