Umanand Singh v. The State Of Bihar Through Director General Of Police, Bihar, Patna And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1006 of 2014 Arising Out of PS. Case No. -414 Year-2013l Thana - Bihta District- PATNA =========================================================== Umanand Singh, Son of Late Ramanand Singh, Resident of Village-Tikaitpur, P.O.- Neora, P.S.-Bihta and District-Patna.
.... .... Petitioner
Versus
1. The State of Bihar, through Director General of Police, Bihar, Patna.
2. Inspector General of Police, Bihar, Patna.
3. Deputy Inspector General of Police, Bihar, Patna.
4. Senior Superintendent of Police, Patna.
5. Town Superintendent of Police, Patna.
6. Deputy Superintendent of Police, Danapur, Patna.
7. Officer-in-Charge, Bihta Police Station, Patna. .... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Md. Abu Haidar, Advocate For the Respondents : Mr. Anshuman Singh, GP 24 Mr. Rajeev Shekhar, AC to GP 24 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 13-04-2015 The present writ petition has been filed with a prayer for a direction to the respondents to investigate Bihta P.S. Case No. 414 of 2013 in proper and impartial manner and to arrest those accused persons who are not on bail, as also for protection of the informantpetitioner and his family members from the criminal activities of the accused persons as well as for connected reliefs.
2. It is submitted on behalf of the petitioner that the petitioner's brother Babuanand Singh filed a fardbeyan before the police in P.M.C.H. which came to be registered as Bihta P.S. Case No.414 of 2013 under Sections 341, 323, 504, 307 and 379/34 of the Indian Penal Code. It is further submitted that despite one of the
Patna High Court Cr. WJC No.1006 of 2014 dt.13-04-2015 2/3 accused, namely, Devendra Singh having withdrawn his anticipatory bail petition in Cr. Misc. No.54194 of 2013 which was permitted by this Court to enable him to surrender and seek regular bail, he has not surrendered and continued to move freely, raising apprehension in the informant's mind about safety and security of himself and his family members.
3. A counter affidavit has been filed on behalf of the respondents, inter alia, stating that out of 7 accused persons named in the first information report, five of them have been granted bail. It is further stated that another accused, namely, Dikesh Kumar has been arrested on 11.10.2014 and has been produced before the learned court below on 12.10.2014. It is further stated that charge sheet has also been submitted against the said accused Dikesh Kumar on 07.12.2014. As regards the last accused, namely, Devendra Singh, warrant of arrest has been prayed for and all efforts are being made to execute the warrant of arrest against him.
4. Having regard to the statements made in the counter affidavit, the writ petition stands disposed of with liberty to the petitioner to approach the District Level Security Committee for appropriate action with regard to protection to his life and security, if so advised. In that event, the said Committee may consider the petitioner's case in its discretion on its own merits, without being
Patna High Court Cr. WJC No.1006 of 2014 dt.13-04-2015 3/3 influenced by any of the observations in this order. B.T/- (Vikash Jain, J) U T