Samim Akhatar v. The State Of Bihar, Through The Director General Of Police, Patna And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 1036 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- SIWAN =========================================================== Samim Akhatar, Son of Late Md. Islam, Permanent resident of Village - Khajepur Khurd, P.O. - Ramput Ke Tola, Police Station - H.M. Nagar (Hasanpura), District - Siwan, presently residing at H.Q. J & B. Sub Area, Danapur Cantt. (Patna), District - Patna.

.... .... Petitioner

Versus

1. The State of Bihar, through the Director General of Police, Patna

2. The Director Prosecution, Govt. of Bihar, Patna

3. The Inspector General of Police, Saran

4. The Deputy Inspector General Police, Saran

5. The Collector, Siwan

6. The Superintendent of Police Siwan

7. The Dy. Superintendent of Police Siwan

8. The Inspector/ SHO H.M. Nagar (Hasanpura) Police Station, Dt. Siwan.

9. Aslam Miyan, S/o Late Aash Mohammad Miyan

10. Kalim Miyan, S/o Late Md. Tasrif Miyan

11. Aftab Alam, S/o Late Tasrif Miyan

12. Nazruddin Miyan, Son of Late Manuddin Miyan

13. Jainuddin Miyan, Son of Late Manuddin Miyan 9 to 13 resident of resident of Khajepur Khurd, P.O. - Ramput Ke Tola, P.S. H.M. Nagar, District - Siwan .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Amrendra Narayan, Advocate For the Respondents : Mr. Pankaj Kumar, S.C. XII =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 13-10-2017 Heard learned counsel for the parties.

The present writ application has been preferred for a direction to the State-respondent no. 1 to 8 for providing adequate protection and security to the family members of the petitioner mainly the ladies members who are being, of and on, harassed by the respondent no. 9 to 13 taking advantage of the absence of the petitioner as he is an Army Man.

Patna High Court Cr. WJC No.1036 of 2015 dt.13-10-2017 2 /2 The State-respondent in the counter affidavit stated that the petitioner and respondent no. 9 to 13 are co-sharers and due to some family dispute, an occurrence of assault has taken place on 01.04.2015 for which case and counter cases were lodged. After investigation, charge sheets have been submitted in both the cases. Proceeding under Section 107 Cr.P.C. has also been initiated against the parties.

Considering the nature of relationship and background of allegation, I am of the view that no further persuasion is needed in this writ application, save and except, liberty to the petitioner to move the District Level Security Committee headed by the District Magistrate concerned for proper security, if needed and the authority shall pass a reasoned order.

With the aforesaid observation, this application stands disposed off.

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 18.10.2017 Transmission Date 18.10.2017