Nira Singh @ Nira Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.695 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Saran ====================================================== NIRA SINGH @ NIRA KUMARI W/O LATE AJAY KUMAR SINGH RESIDENT OF AJAY BHAWAN, SHIVPURI COLONY, JODHADIH MORE, CHAS, P.S CHAS, DISTRICT- BOKARO (JHARKHAND) PERMANENT R/O VILLAGE-HARPUR PARSA, P.S PARSA, DISTRICTSARAN AT CHHAPRA, BIHAR ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
THE PRINCIPAL SECRETARY, HOME DEPTT., BIHAR, PATNA. PATNA.
3.
THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA. PATNA 4.
THE DEPUTY INSPECTOR GENERAL OF POLICE, SARAN DIVISION, SARAN AT CHHAPRA. SARAN AT CHHAPRA.
5.
THE SUPERINTENDENT OF POLICE, SARAN AT CHHAPRA. SARAN AT CHHAPRA.
6.
THE OFFICER INCHARGE, PARSA P.S., CHHAPRA. SARAN AT CHHAPRA.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Mr. Akash Anand For the Respondent/s :
Mr. Suman Kumar Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-08-2023 Heard learned counsel for the parties concerned. The present writ application has been filed by the petitioner for direction to the respondents to provide security and protection of life of the petitioner which is in danger at the hands of anti-social elements of the village. Further, the petitioner is not in a position to live in her village, Harpur Parsa, due to fear psychosis and as such the security of life and liberty
Patna High Court CR. WJC No.695 of 2021(5) dt.10-08-2023 2/3 of the petitioner is necessary.
Learned counsel for the petitioner submits that the petitioner is widow of one Ajay Kumar Singh and from the wedlock two sons were born and her husband died prematurely. The father-in-law of the petitioner owns and possesses a piece of land in Mauza Harpur Parsa. The contention of the petitioner is that anti-social elements are taking advantage of weak mental condition of her father-in-law and getting the sale deed registered in favour of various persons through her father-inlaw. The counter affidavit has been filed by the State, stating therein, that after getting the knowledge of the grievance of the petitioner, S.D.P.O., Sonpur vide his letter, bearing Memo No. 2398/sub, dated 23.07.
2023, submitted the report before the Superintendent of Police, Saran at Chapra, stating therein, that there is a bonafide civil dispute between the petitioner and her father-in-law and a partition suit is pending between them. It has further been stated in the report, annexed at Annexure-A, which show that the petitioner's father-in-law, through one broker Tribhuwan Prasad, has sold the village land and the petitioner with her children and mother-in-law resides in Bokara, Jharkhand.
Patna High Court CR. WJC No.695 of 2021(5) dt.10-08-2023 3/3 petitioner has also sold some portion of land in favour of purchasers and a Non-FIR has been lodged, bearing 144 of 2023, dated 11.07.2023, and proceeding under Section 107 of the Criminal Procedure Code has been initiated by the police. Regards being had to the materials available on record and submissions advanced by the parties, this Court is of the opinion that there is bonafide civil dispute between the petitioner and her father-in-law, as such, the petitioner is not entitled to be given any relief in the present writ application. Accordingly, this writ application stands dismissed. (Anil Kumar Sinha, J) ashwani/- U √ T √