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Patna High CourtCR. WJC/1071/2018disposed

Amit Kumar Yogesh v. The State Of Bihar Through The Principal Secretary, Department Of Home, Government Of Bihar, Patna

2018-04-26Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1071 of 2018 ====================================================== Amit Kumar Yogesh S/o Late Yogendra Das, R/o Village- Raja Pokhra, P.S.- Chapra Town, District- Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar Through The Principal Secretary, Department of Home, Government of Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Superintendent of Police, District - Saran at Chapra.

4. The District Magistrate, Saran at Chapra.

5. The Deputy Superintendent of Police (Town), Chapra, District- Saran.

6. The Officer-in-Charge, Chapra Town P.S., District- Saran.

7. Ashok Kumar Singh S/o late Lal Prasad Singh,

8. Kunal Kishore S/o Ashok Kumar Singh,

9. Parth Sharthi S/o Ashok Kumar Singh, All (7 to 8 ) are R/o Mohalla- Ministerial Colony, Gandhi chowk, P.S.- Nagar Thana, District- Saran.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sarvan Kumar, Advocate For the Respondent/s : Mr. Partha Sarthi(Ga-4) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-04-2018 A limited prayer has been made on behalf of the petitioner in the present case i.e., for a direction to the respondents to provide him and his wife security and protection so that they can attend their duties in the school where they are said to be engaged as teachers.

It is the submission of the learned counsel representing the petitioner that because of inter caste marriage solemnized by the petitioner and his wife, namely, Smriti, daughter of Ashok Kumar Singh, the family of his wife are threatening them of dire consequences, they are afraid of their life and despite having informed the learned Chief Judicial Magistrate, Saran at Chapra, with regard to their apprehensions, no step has

Patna High Court Cr. WJC No.1071 of 2018 (2) dt.26-04-2018 2/2 been taken to provide them adequate security. Learned counsel for the State is present and submits that in the facts and circumstances pleaded by the petitioner, the Superintendent of Police, Saran at Chapra, may be the competent person to take note of this and do the needful in order to protect the life of the petitioner and his wife.

Learned counsel for the respondent no. 7 is present who has not filed his Vakalatmana as yet.

Having considered the rival submissions at the bar, this Court directs the Superintendent of Police, Saran at Chapra, as also the Officer-in-Charge, Chapra Town Police Station, DistrictSaran, to take note of the complaint of the petitioner immediately and find out the correct position as to their apprehension and in case it is found that the apprehension is based on certain reasonable believes and the circumstances showing such threats to the life of this petitioner and his wife exist, the authorities concerned shall be obliged to take all such steps which may be required to protect their life and ensure that they are able to discharge their duties in the school without any fear. This writ application is disposed of with the aforementioned directions.

(Rajeev Ranjan Prasad, J) rrojha/- U T