Veena Devi v. The State Of Bihar Through The Principal Secretary, Law Department , Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.815 of 2023 Arising Out of PS. Case No.-319 Year-2021 Thana- BANMANKHI District- Purnia ====================================================== Veena Devi Wife Of Dinesh Sah Village Shanpur Dutt, Ward No.1, Ps Banmankhi ,DIST Purnea ... ... Petitioner/S

Versus

1.

The State Of Bihar Through The Principal Secretary, Law Department , Bihar, Patna Bihar 2.

The Director General Of Police, Old Secretariat, Patna Bihar 3.

The Superintendent Of Police Distt- Purnea Bihar 4.

The In-Charge, Banmankhi Ps- Distt- Purnea Bihar 5.

The Dy. Superintendent Of Police Banmankhi, Distt- Purnea Bihar 6.

Sanjay Pandit Son Of Ramdhyan Pandit Village- Vishanpur Dutt Ward No. 1 Police Station- Banmankhi, Distt- Purnea 7.

Vijay Pandit Son Of Ramdhyan Pandit Village- Vishanpur Dutt Ward No. 1 Police Station- Banmankhi, Distt- Purnea 8.

Suresh Pandit Son Of Ramdhyan Pandit Village- Vishanpur Dutt Ward No. 1 Police Station- Banmankhi, Distt- Purnea 9.

Mukesh Pandit Son Of Ramdhyan Pandit Village- Vishanpur Dutt Ward No. 1 Police Station- Banmankhi, Distt- Purnea 10.

Awdesh Pandit Son Of Ramdhyan Pandit Village- Vishanpur Dutt Ward No. 1 Police Station- Banmankhi, Distt- Purnea 11.

Rameshwr Pandit Son Of Dhonaki Pandit Village- Vishanpur Dutt Ward No. 1 Police Station- Banmankhi, Distt- Purnea ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivnandan Sah, Adv.

For the Respondent/s :

Mr.Manoj Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-11-2025 Heard both the parties.

02. The present petition has been filed by the petitioner seeking the following relief:- (i) For direction to the respondent authority to provide protection to the

Patna High Court CR. WJC No.815 of 2023(2) dt.01-11-2025 2/3 petitioner with family and their property as threatening being given by the accused persons to kill him (petitioner) with family (ii) For direction to the respondent authority to arrest respondent no. 6 to 11 to arrest the accused persons immediately in connection with P.S. case no 319/2021 u/s 147, 148, 149, 323, 307, 457, 354, 379 I.P.C. because they moving freely in the eye.

(iii) To allow others suitable relief (s) in facts and circumstances of the case."

03. Learned counsel for the petitioner submits that though charge sheet has been submitted in this case on 12.05.2023, the accused persons have not been arrested.

04. Learned counsel appearing on behalf of the Staterespondents submits that charge sheet in this case has been submitted under Sections 147, 148, 149, 323, 457, 354(A) of the Indian Penal Code and there is no occasion for the police to arrest the accused persons considering the fact that none of the offences are punishable for more than 7 years and are Magistrate triable. If the Court concerned passes any order for apprehending the accused persons, that will certainly be complied. But in absence of any such order, there is no merit in the prayer of the petitioner.

05. At this stage, learned counsel for the petitioner submits that the present petition may be disposed of with

Patna High Court CR. WJC No.815 of 2023(2) dt.01-11-2025 3/3 direction to the respondent-authorities to provide protection to the petitioner, her family and their property since threats are given by the accused persons against the petitioner and her family.

06. In the light of submission of the parties, the present petition is disposed of with direction to the Stateauthorities to give protection to the petitioner and her family, if any such request is made, in accordance with law. (Arun Kumar Jha, J) Anuradha/- U T