Based On The News Item Uploaded On The Website Of News App Bar And Bench v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2464 of 2018 In Civil Writ Jurisdiction Case No.11689 of 2018 ====================================================== Based On The News Item Uploaded On The Website Of News App Bar And Bench ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Superintendent of Police, District-Khagaria.

3. The Protection Officer, National Commission for Women, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Anukriti Jaipuriyar, Advocate For the Respondent/s :

Mr. Lalit Kishore, A G Mr. Parth Sarthy ( GA 4 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 17-07-2018 The applicant herein, who was corpus in Civil Writ Jurisdiction Case No.11689 of 2018 and who was set free by us in a habeas corpus petition decided on 12.07.2018, has approached this Court again with a prayer to grant her adequate police protection while she will move around in the State of Bihar so also in the place of her stay in New Delhi. Indicating various apprehensions to her, person, property and life, she seeks indulgence into the matter.

Having considered the submissions made, the facts and circumstances of the case and the order passed by us on 12.07.2018 in the original writ petition and the manner in which

Patna High Court MJC No.2464 of 2018(2) dt.17-07-2018 2/3 the petitioner was dealt with, which has been considered by us in the writ petition, we deem it appropriate to pass orders with regard to grant of protection to the petitioner. As and when the petitioner comes to the State of Bihar, she shall file an appropriate application and furnish information about her stay to the Senior Superintendent of Police, Patna, and the Senior Superintendent of Police, Patna, shall ensure that during her stay in the State of Bihar, she is provided adequate police protection to be decided and determined by the Senior Superintendent of Police.

That apart, while she is staying in Delhi, as the jurisdiction to issue a mandamus in this is exclusively available with a Court with territorial jurisdiction at Delhi, but at the same time, in the circumstances of the case, we request the Commissioner of Police, New Delhi, to consider the application of the petitioner as and when filed along with copies of the orders passed today in this application and in Civil Writ Jurisdiction Case No.11689 of 2018 on 12.07.2018, for granting adequate protection to the petitioner in the interest of justice for protecting her personal liberty, property and life.

Patna High Court MJC No.2464 of 2018(2) dt.17-07-2018 3/3 protection in a sympathetic and pragmatic manner and pass appropriate order, as may be permissible in law. We leave it to the discretion of the Commissioner of Police to proceed in the matter in accordance with law. We further clarify that the order passed by us shall be in force for a period of six months and thereafter it would be for the petitioner to seek extension and this Court would consider the same on the facts, as may be present after the period of six months.

With the aforesaid observations and directions, the matter stands disposed of.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/- U