Laxminia Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 230 of 2014 ======================================================

1. Laxminia Devi, W/O Roudi Mandal, Resident of Village - Gangwara Buzurg, P.S. - Runni Saidpur, P.O. - Baligarh, Dist. - Sitamarhi .... .... Petitioner

Versus

1. The State of Bihar

2. The Director General of Police, Bihar, Patna

3. The Collector, Sitamarhi

4. The Superintendent of Police, Sitamarhi

5. The Thana - In- Charge, Runni Saidpur, Police Station - Sitamarhi

6. Manoj Kumar Mandal, S/O Late Raji Mandal

7. Rajgir Mandal, S/O Sukeshwar Mandal

8. Devendra Mandal, S/O Achhelal Mandal

9. Ram Suraj Mandal, S/O Achhelal Mandal

10. Jagdish Mandal, S/O Sonafi Mandal, all the respondents no. 6 to 10 are the resident of Village and P.O. - Gangwara, P.S. - Runni Saidpur, District - Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 08-07-2015 Heard.

This is a petition for issuance of an appropriate writ in the nature of mandamus for direction to the respondent nos. 1 to 5 to protect the life of the petitioner and her family members from the private respondents who have been making continuous threat of life to the petitioner and her family members. It has been submitted by the learned counsel for the petitioner that a petition has been filed before the police which is at page 48 that she has purchased a land and grown maize on the said land which was looted by the named persons and they

Patna High Court Cr. WJC No.230 of 2014 (3) dt.08-07-2015 have threatened the loot of the crop of wheat. No action was taken against them on the said petition. However, petitioner has stated that she has filed a partition suit in which petitioner is a defendant.

However, in the petition filed before the Superintendent of Police, Sitamarhi annexed at page 48 which is the part of Annexure-6 neither any date of occurrence is mentioned nor any averment about the time of occurrence and it merely alleges the threat to kill.

Hence, I do not find any merit in the application filed by the petitioner as there is no mention that any informatory petition filed by him for breach of peace before the Sub-Divisional Officer regarding taking action for the threat of looting the crop. However, if such petition is filed before the police then the police shall proceed in accordance with law. With this observation, the petition is dismissed. Kundan (Gopal Prasad, J.) U T