Shahar Bano v. The State Of Bihar, Through The Home Secretary, Government Of Bihar, Old Secretariat, Patna And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1057 of 2018 (In connection with Dhaka P.S.Case No. 45 of 2018 / G.R. No. 196 of 2018) ====================================================== Shahar Bano, daughter of Md. Kalim, Wife of Ashish Agrawal, R/o Village - Haruhani, P.O. Chandanbara, P.S. Dhaka, District East Champaran (Motiahri) .... .... Petitioner/s
Versus
1. The State of Bihar through the Home Secretary, Government of Bihar, Old Secretariat, Patna,
2. The Director General of Police, Govt. of Bihar, Patna,
3. The Superintendent of Police, East Champaran at Motihari,
4. The Dy. Superindent of Police, Pakridayal, East Champaran at Motihari,
5. The Officer in charge, Dhaka Police Station, District East Champaran at Motihari.
6. Md. Kalim, son of Late Md. Ishaque, R/o Village Haruhani, P.O. Chandnbara, P.S. Dhaka, District East Champaran (Motihari),
7. Afsana Khatoon, wife of Md. Kalim R/o Village Haruhani, P.O. Chandanbara, P.S. Dhaka, District East Champaran (Motiahari) .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. (Advocate). For the Respondent/s : Mr. Sheo Shankar Prasad (SC 8) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-04-2018 This Writ Application has been preferred for a direction to respondents no. 1 & 5 to provide adequate security to the petitioner as well as her husband.
It is the case of the petitioner that she is an adult, in this regard she has enclosed a copy of her AADHAR showing her date of birth as '01.01.2000'. She is present in the Court along with the father of her husband and it is stated that the husband being a handicapped is on the wheel chair and out of love and affection the petitioner has married him but her family members
Patna High Court Cr. WJC No.1057 of 2018 (2) dt.13-04-2018 2/2 are dead against this relationship and there is a threat to her life as well as the life and property of her husband and his family members.
Both the parties are present. The husband has come on the wheel chair in the court-room and both of them admit that they have married and are living happily in their life. In the above circumstances, this Court finds no difficulty in directing the Officer-in-charge of Dhaka Police Station, East Champaran at Motihari to provide all kinds of safety and security to the family of the petitioner and her husband from any threat to their life and property at the hands of the father of the petitioner or her family members because of the marriage which she has performed with her own will and volition. It will be the responsibility of the Officer-in-charge of Dhaka Police Station to ensure that they do not receive any threat from her family members.
Interlocutory Application No. 1147 of 2018 filed for challenging the F.I.R. is not entertained with liberty to the petitioner to file a separate Writ Application for the said reason. The Writ Application stands disposed of.
(Rajeev Ranjan Prasad, J) Dilip, AR U T