Vishal Gaurav v. The State Of Bihar The Secretary Home Department, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No 2050 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Patna ====================================================== Vishal Gaurav, Son of Umesh Gupta, Resident of Mohalla- Banskothi, Gate No.96, P.S.- Digha, District- Patna.

... ... Petitioner/s

Versus

1. The State of Bihar The Secretary Home Department, Bihar, Patna.

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

3. The Inspector General of Police, Patna.

4. The Deputy Inspector General of Police, Bihar, Patna.

5. The Senior Superintendent of Police, Patna.

6. The Superintendent of Police, West, Patna.

7. The Station House Officer, Digha Police Station, Patna.

8. Shreya Amrita, Wife of Vishal Gaurav, Daughter of Ashok Kumar Gupta, Resident of Mohalla- Banskothi, Gate No.96, P.S.- Digha, District- Patna.

9. Smt. Anita Devi, Wife of Ashok Kumar Gupta, Resident of MohallaBanskothi, Gate No.96, P.S.- Digha, District- Patna.

10. Ashok Kumar Gupta, Son of Late Thakur Sah, Resident of MohallaBanskothi, Gate No.96, P.S.- Digha, District- Patna. ... ... Respondent/s ====================================================== For the Petitioner/s :

Mr Ashok Kumar Singh, Advocate For the S t a t e : Mr Prabhu Narayan Sharma, AC to AG For Private Respondents :

M/s Pankaj Kr, Bishwajeet Ganguly, Advocates ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 06-11-2018 This writ petition was filed by the husband of respondent No 8. It was alleged that respondent No 8 had been illegally confined by her parents, respondents No 9 and 10. 2 We have separately interacted with the aforesaid respondents as well as the writ petitioner.

3 Respondent No 8 admits to the marriage being solemnized with the petitioner. The certificate of marriage

Patna High Court Cr. WJC No.2050 of 2018 dt.06-11-2018 2/2 (Annexure 1) dated 29.03.2017 is also on record. Respondent No 8 has expressed a sense of insecurity for her husband (petitioner). She has, in her interaction with the Court, clearly stated that due to such sense of insecurity, she has been residing with her parents to avoid any untoward incident.

4 In view of the aforesaid situation, keeping in view the marriage of the petitioner with respondent No 8, this Court would direct that the State respondents should ensure adequate safety to the petitioner and respondent No 8 to live a life of their choice as a married couple, without any interference/coercion by the private respondents or anyone else.

5 Let police protection be provided to respondent No 8 at least for a period of one month from today so as to enable her to fearlessly reside with her legally wedded husband. 6 With the aforesaid directions, the writ petition stands allowed.

(Dr Ravi Ranjan, ACJ) ( Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.11.2018 Transmission Date 19.11.2018