Nirmala Devi v. The State Of Bihar Through Principal Secretary, Department Of Home, Bihar, Patna And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1514 of 2018 ====================================================== Nirmala Devi wife of Sanjay Singh, resident of Mohala- Jakki Bigaha, DRL Railway Colony Quarter No. 38, P.O. Dalmia Nagar, P.S. Dehari, DistrictRohtas. .... .... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Home, Bihar, Patna
2. The D.G.P., Government of Bihar, Patna.
3. The Deputy Inspector General, Dehari, Rohtas.
4. Superintendent of Police, Rohtas.
5. Dharmendra Kumar Singh @ Dharmendra Yadav, the Officer-in- Charge, Dehari Nagar Police Station, District- Rohtas.
6. Dhanu Singh son of Sanjay Singh
7. Manu Singh son of Sanjay Singh, Respondents 6 to 7 are resident of Mohalla- New Area, Five Star House, P.O. Dalmia Nagar, P.S. Dehari, District Rohtas.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Respondent/s : Mr. Manish Kumar (Gp 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-07-2018 The present writ application has been filed seeking direction to the respondents concerned to extend protection to life, liberty and property of the petitioner and her family members. Learned counsel for the State submits that in fact, the petitioner is an accused in one case, whereas, he has also lodged some cases against other persons.
The grievance of the petitioner is that pursuant to the pressure given by the respondent no.5 and others she was compelled abandon her house and her house has been periodically
Patna High Court Cr. WJC No.1514 of 2018 (2) dt.25-07-2018 ransacked and gates of the same were broken by the private respondents which is the subject matter of investigation in Dehari Town P.S.Case No.46 of 2018. It is the allegation of the petitioner that when she lodged the complaint case no.108 of 2018 against the private respondents including the Officer-in-Charge (respondent no.5), she got to know that her son has been falsely implicated in Dehari Nagar P.S.Case No.408 of 2018 instituted under the provisions of Bihar Prohibition and Excise Act, 2016. It is her case that she has filed representation before the authorities concerned against the continuous torture by the police authorities, but the respondent nos. 3 and 4 to whom presentation has been made are not paying heed to the same.
Learned counsel for the State is present and submits that in the nature of allegations made by the petitioner, no order may be passed by this Court when the matters of complaint are already the subject matter of investigation in the various cases. This Court agrees with the submission of the learned counsel appearing for the State and at this stage does not find it fit to issue any direction save and except to direct that in case the representation as contained in Annexure 3 of the writ application has been submitted to the respondent nos.3 and 4, they will get at least a preliminary report on the same and in case it is found that there is
Patna High Court Cr. WJC No.1514 of 2018 (2) dt.25-07-2018 any threat to the petitioner and she requires protection to her life, liberty and property, the respondent nos. 3 and 4 shall be obliged to provide the same as it is a bounden duty of the respondent authorities to protect the life, liberty and property of any citizen of the country.
The writ application stands disposed off, accordingly.
(Rajeev Ranjan Prasad, J) Arvind/R.R.Ojha/Ved U T