Raj Kumar Sahani v. The State Of Bihar, Through Principal Secretary, Home Department Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1462 of 2022 Arising Out of PS. Case No.-96 Year-2021 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Raj Kumar Sahani Son Of Late Mahesh Sahni R/O Village- Naw Kothi, Ward No. 11, P.S.- Naw Kothi, District- Begusarai ... ... Petitioner/s

Versus

1.

The State Of Bihar, Through Principal Secretary, Home Department Govt. Of Bihar, Patna Bihar 2.

The Director General Of Police, Govt. Of Bihar, Patna Bihar 3.

The Inspector General Of Police, Munger Commissionery, Munger, Govt. Of Bihar, Patna Bihar 4.

The Deputy Inspector General Of Police, Munger Commissionery, Munger Bihar 5.

The Superintendent Of Police, Begusarai, District- Begusarai Bihar 6.

The Deputy Superintendent Of Police, Begusarai, District- Begusarai Bihar 7.

The Sub Divisional Police Officer, Begusarai, District- Begusarai Bihar 8.

The S.H.O. Nawkothi Police Station, District- Begusarai Bihar 9.

Ram Pravesh Sahni Son Of Babujan Sahni R/O Village- Nawkothi (CHALIS Tola) P.S.- Nawkothi, District- Begusarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Kumar Ishwar, Adv.

For the Respondent/s :

Mr. Manish Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for petitioner submits that the present writ petition has been filed primarily for arresting the Respondent no.9 against whom allegation of murder of informant's brother for which an F.I.R. dated 15.07.2021 bearing Nawkothi P.S. Case No. 96 of 2021 under Section 302,

Patna High Court CR. WJC No.1462 of 2022(4) dt.24-04-2023 2/3 120B/ 34 of the I.P.C. read with Section 27 of the Arms Act. is pending.

Counsel submits that there is continuous threat from the side of the accused who is Respondent no.9. It has been submitted that there is continuous threat for withdrawal of the case at the hand of named accused person to the petitioner and his family.

Counsel for petitioner further submits that vide order dated 20.12.2022, this Court has directed to provide adequate security in accordance with Witness Protection Scheme to the petitioner. Counsel further submits that the said protection scheme has not been provided to them till date. Counsel for State submits that counter-affidavit has been filed in this matter and by virtue of the pleadings, it transpires that every processes for securing appearance of accused (respondent no.9) has been made, 82 & 83 of Cr.P.C. has been issued and attached order has also been executed. Counsel further submits that under Witness Protection Scheme, 2018, the petitioner has to file application. Counsel submits that vide Annexure-C, the application has been filed by the SHO himself on behalf of the informant and his family and protection has also been provided.

Patna High Court CR. WJC No.1462 of 2022(4) dt.24-04-2023 3/3 At this juncture, this Court is of the view that if any grievances left to the petitioner, they may approach to the Superintendent of Police, Begusarai within four weeks' for their protection under Witness Protection Scheme as well as for any other grievances as mentioned in Surendra Singh Vs. State of Bihar in Cr.WJC No.153 of 2017 with analogous cases decided on 09.09.2022.

With this direction, this Cr. Writ Application is hereby disposed of.

(Dr. Anshuman, J.) prakashmani/- U T