Nanda Devi v. The State Of Bihar Through Principal Secretary, Department Of Home, Govt. Of Bihar, Patna And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.188 of 2015 ======================================================

1. Nanda Devi W/o Late Birendra Prasad Singh Resident of Mohalla - East Patel Nagar Road No. 6, House No. 18, P.S. Shashtri Nagar, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Department of Home, Govt. of Bihar, Patna

2. The District Magistrate, Patna

3. The Senior Superintendent of Police, Patna

4. The City Superintendent of Police, Patna

5. The Officer - in - Charge, Shashtri Nagar Police Station, District - Patna

6. Umesh Prasad Singh S/o Late Birendra Prasad Singh

7. Sunita Devi W/o Umesh Prasad Singh Both are resident of Mohalla - East Patel Nagar, Road No. 6, House No. 18, P.S. Shashtri Nagar, District - Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar For the Respondent/s : Mr. Nawal Kishore Singh(Sc-2) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-03-2015 The petitioner apprehends threat to her life at the hands of her elder son and his wife. It would appear from the record that there is serious dispute relating to property between two sons of the petitioner for which they are filing case against each other. The petitioner resides with her younger son. Learned counsel for the petitioner has submitted that petitioner is an old widow. Respondent nos. 6 and 7 being her elder son and daughter-in-law are coercing her in various ways. She requires police protection having regard to threat perception of her life and liberty.

Patna High Court Cr. WJC No.188 of 2015 (2) dt.09-03-2015 2/2 In my view, threat perception of life of a person cannot be assessed by the court. It is a job of the executive to assess and evaluate threat perception of life of an individual. Learned counsel for the State has submitted that in this regard the State Government has issued a resolution vide memo No. 160 dated 14.06.1995 whereby and where-under a District Level Security Committee has been constituted in each district of the State of Bihar. If an application is made before the District Level Security Committee, under the special circumstances and looking of the gravity of the situation, it may provide police protection to an individual.

Having regard to the facts and circumstances of the case, I dispose of this application with liberty to the petitioner to approach the District Level Security Committee by filing an appropriate representation in this regard for the redressal of her grievance. In case such representation is filed within ten days from today, the District Level Security Committee shall be obliged to consider the same and pass appropriate order/orders in accordance with law within a reasonable time. (Ashwani Kumar Singh, J) M.Rahman/- U T