Bhulli Devi v. The State Of Bihar Through The Director General Of Police, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1864 of 2019 Arising Out of PS. Case No.-126 Year-2019 Thana- RAGHOPUR District- Vaishali ====================================================== BHULLI DEVI Wife of Late Chanarik Ray Resident of Village-Sukumarpur, Jafrabad Tok, Arazi Beshinao Bazar, Jafrabad, P.S.-Raghopur, DistrictVaishali, Bihar. ... ... Petitioner

Versus

1.

THE STATE OF BIHAR THROUGH THE DIRECTOR GENERAL OF POLICE, PATNA Patna.

2.

The Superintendent of Police, District-Vaishali, Bihar Vaishali. 3.

Deputy Superintendent of Police, District-Vaishali. Vaishali. 4.

The Station Head Officer (S.H.O.), P.S.-Raghopur, Vaishali. Vaishali. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Nagendra Kumar, Advocate For the Respondent/s :

Mr. Ruchikar Jha, AC to SC 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-02-2020 The petitioner has moved this Court for a direction to the respondents to arrest the accused persons of Raghopur P.S. Case No. 126 of 2019 registered under Sections 147, 148, 149, 341, 342, 323, 452, 354, 307, 326, 302, 201, 120B, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the case has been registered for the alleged commission of serious and heinous crime by the accused persons but the police is unable to arrest them and because they have not been arrested the petitioner and her family members are feeling insecure as they are getting threat from the accused persons.

Learned counsel for the State submits on instruction that in this case five accused persons have already been arrested and steps

Patna High Court CR. WJC No.1864 of 2019(2) dt.04-02-2020 2/2 are being taken to arrest the other absconding accused who are named in the FIR.

In the given facts and circumstance of the case, this Court directs the Superintendent of Police, Vaishali (respondent no. 2) to constitute a special team of police officers with appropriate instructions as may be required and the accused who are said to be absconders and are not submitting either to the Police authorities or to the jurisdiction of the court must be arrested without further delay. Learned counsel for the petitioner submits that some protection is required to be given to the petitioner and her family members who are the witnesses in the case.

Let the respondent no. 2 also look into this aspect and take an appropriate steps after examining the threat perception of the petitioner and her family members who are said to be the witness of the case and protect their life and liberty in accordance with law. The FIR does discloses of a heinous offence.

Let the action be taken forthwith. The delay in this regard may be brought to the notice to this Court by the petitioner. The writ application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) avin/- U T