Dileep Kumar Prasad v. The State Of Bihar Through The Home Secretary, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.702 of 2019 Arising Out of PS. Case No.-159 Year-2018 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Dileep Kumar Prasad S/o Surydev Prasad R/o Village- Belwa Brit, Khajuri, P.S.- Kuchaykot, District- Gopalganj ... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Home Secretary, Govt. Of Bihar, Patna 2.

The Director General Of Police, Govt. of Bihar, Patna Bihar 3.

The Addl. Director General of Police, Govt. of Bihar, Patna. Bihar 4.

The Inspector General of Police, Muzaffarpur Zone at Muzaffarpur. Bihar 5.

The Deputy Inspector General of Police Saran Range at Chapra Bihar 6.

The District Magistrate, Gopalganj at Gopalganj Bihar 7.

The Superintendent of Police, Gopalganj at Gopalganj Bihar 8.

The Deputy Superintendent of Police, Sadar at Gopalganj. Bihar 9.

The Officer - in Charge, Kuchaikote, Police Station- District- Gopalganj Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anant Kumar Bhaskar For the Respondent/s :

Mr. Manish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 23-04-2019 This application under Article 226 of the Constitution of India has been filed by the petitioner for directing the respondents to provide security and protection to the petitioner and his family members.

Learned counsel appearing for the petitioner submitted that the petitioner and his family members have threat to their lives at the hands of the accused persons of Kuchaikote

Patna High Court CR. WJC No.702 of 2019(2) dt.23-04-2019 2/3 P.S. Case No. 283 of 2018 and Kuchaikote P.S. Case No. 02 of 2019. He submitted that due to the threat perception at the hands of the accused persons of the aforesaid two cases the petitioner and his family members do not feel safe even while vising their village home.

Per contra, learned counsel for the State submitted that the threat perception of the petitioner has to be first seen by the District Level Security Committee. He contended that for the purposes of assessing the threat perception, the State Government has constituted District Level Security Committee in each districts of the State and against any decision of the District Level Security Committee, an appeal would lie before the State Level Security Committee.

Considering the submissions made on behalf of the parties, I am also of the opinion that threat perception to any person can properly be assessed by the administrative authorities. Since the State Government has already constituted the District Level Security Committee, the petitioner should first approach the said Committee for the redressal of his grievances. In case, a representation is filed by the petitioner in this regard, the concerned Committee would be obliged to look into the same and pass necessary orders in accordance with law.

Patna High Court CR. WJC No.702 of 2019(2) dt.23-04-2019 3/3 With the aforesaid observation, the application is disposed of.

(Ashwani Kumar Singh, J) pradeep/sneha U T