Pushpa Devi v. The State Of Bihar Through The Secretary, Deptt. Of Home, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1895 of 2019 Arising Out of PS. Case No.-30 Year-2018 Thana- GORIAKOTHI District- Siwan ====================================================== PUSHPA DEVI Wife of Shri Krishnanath Dubey Resident of Village- Agya Dubey Tola, P.S.- Goreya Kothi, District- Siwan, at Present Residing at Pahalu Ka Pura- Phulwaria, P.S.- and District- Varanasi, State of U.P.-221002. ... ... Petitioner

Versus

1.

THE STATE OF BIHAR THROUGH THE SECRETARY, DEPTT. OF HOME, BIHAR, PATNA 2.

The Director General of Police, Bihar Police Service, Patna. 3.

The Inspector General of Police, Zonal Head Quarter, Muzaffarpur. 4.

The Deputy Inspector General of Police, Range Head Quarter, Chapra (Saran).

5.

The Superintendent of Police, Siwan, P.S. and District- Siwan. 6.

The S.H.O. of Goreya Kothi Police Station, District- Siwan. 7.

shatrughan Debey Son of Shankar Debey Resident of Village- Agya Dubey Tola, P.S.- Goreya Kothi, District- Siwan.

8.

Ankit Dubey Son of Shatrughan Dubey Resident of Village- Agya Dubey Tola, P.S.- Goreya Kothi, District- Siwan.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kant Mani Tripathi, Avocate Mr. Ajay Kumar Mishra, Advocate Miss Ajita, Advocate For the Respondent/s :

Mr. Ruchikar Jha, AC to SC 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-02-2020 While it is the grievance of the petitioner that the absconding accused in Goreya Kothi P.S. Case No. 26 of 2019 registered under Sections 341, 448, 323, 307, 504, 506/34 of the Indian Penal Code are not being arrested by the Police and they have been threatening the petitioner and because of their threat the family of the petitioner has been living at a different place in a rented house, learned counsel for the State on instruction has submitted before this court that so far as the absconding accused

Patna High Court CR. WJC No.1895 of 2019(3) dt.04-02-2020 2/2 are concerned, the Police authorities are in search of them and steps under Section 82 Cr.P.C. has been taken against them. In the given facts and circumstance of the case, the Superintendent of Police, Siwan (respondent no. 5) is directed to supervise the case, issue necessary instructions to I. O. and other officers to arrest the absconding accused without further delay and at the same time assess the threat perception of the petitioner and her family who are said to be the witness in this case and in case it is found that their life and liberty are in danger, the respondent no. '5' shall take appropriate steps in accordance with law to protect their life, liberty and property. The writ application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) avin/- U T