Minakshi Saini v. The State Of Bihar Through The D. G. P., Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2287 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- MUZAFFARPUR ===========================================================

1. Minakshi Saini S/o Shri Surendra Kumar, R/o Mohalla- 327/29, Old Hamida Anand Colony, Gadhi Road, Jagadhari, P.S.- Hamida, District- Haryana. .... .... Petitioner/s

Versus

1. The State of Bihar Through The D. G. P., Government of Bihar, Patna.

2. The State of Haryana through the DGP, Haryana.

3. The Superintendent of Police, Muzaffarpur.

4. The District- Magistrate, Muzaffarpur.

5. The Dy. S.P., Muzaffarpur.

6. The Officer Incharge, Aaurai P.S., District- Muzaffarpur.

7. Shri Surendra Kumar S/o Deshraj Saini, R/o Mohalla- 327/29, Old Hamidanand Colony, Gadhi, P.S.- Hamida Road, Jagdhari, Yamuna Nagar, P.S.- Hamida, Haryana.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Krishna Kant Singh, Advocate For the Respondent/s : Mr. P.K. Verma, AAG-3 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 05-12-2017 Heard learned counsel for the parties.

2. The present writ application has been filed for a direction to the respondent to provide protection to the life and personal liberty of the petitioner for which she is entitled under Article 21 of the Constitution of India. The reason for threat as stated in the writ petition is that the petitioner has already married with a man of her choice which is not liked by her paternal family members; rather the family members had lodged a criminal case bearing Yamuna Nagar

Patna High Court Cr. WJC No.2287 of 2017 dt.05-12-2017 P2/ City P.S. Case No.411 of 2017 against the husband of the petitioner and others. The petitioner wants to get her statement under Section 164 Cr.P.C. recorded in connection with the aforesaid case.

3. She has enclosed her AADHAR card to substantiate her date of birth as on 21.08.1999. She has further stated on oath that she had already married with Mr. Nikunz Kumar of village Sahwajpur, P.O. Bhikhanpur, P.S. Ahiyapur, District- Muzaffarpur and she is residing along with her husband for the present.

4. The respondent authorities especially the Senior Superintendent of Police, Muzaffarpur, are directed to ensure protection to the life and property of the petitioner. They shall further ensure, if the petitioner desires, that her statement be recorded under Section 164 Cr.P.C. without any threat from any corner.

5. With the aforesaid observation, this writ application stands disposed of.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date07.12.2017 Transmission Date