Created by Fuzzy Cloud

Patna High Court

Indu deviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Superintendent of Police, Siwan, must examine the petitioner’s claim within two weeks and provide protection if the apprehension is found to be genuine.

Summary

Indu Devi, the petitioner, filed a bail cancellation petition and relied on an earlier application dated 22-07-2025 seeking police protection against threats from co-accused and other witnesses. The court examined the request and noted that the petitioner alleged genuine apprehension of danger. It directed the Superintendent of Police, Siwan, to investigate the allegations within two weeks of this order. If the Superintendent finds the apprehension to be genuine, he must provide protection to the petitioner and other witnesses during the trial. The application was disposed of with the above direction, and a copy of the order was to be communicated to the Superintendent via fax or e‑mail.

Issues considered

  • Whether the petitioner is entitled to police protection against threats from co‑accused and witnesses during the trial

Subjects

  • police protection
  • witness protection
  • bail cancellation
  • criminal procedure
  • threats to petitioner

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19191 of 2026
                     Arising Out of PS. Case No.-118 Year-2023 Thana- JAMOBAZAR District- Siwan
                 ======================================================
                 Indu devi Wife of Late Sugrim Prasad Resident of village- Jama Bazar Ps-
                 Jamo Bazar, Dist- siwan

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Janardan Prasad son of Late Sita Ram Prasad Resident of village- Jama
                 Bazar Ps- Jamo Bazar, Dist- siwan

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Harsh Anuj, Advocate
                 For the Opposite Party/s :      Ms.Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   29-04-2026                  Heard the parties.

                                2. While arguing the bail cancellation petition, learned

                   counsel for the petitioner has relied upon the application dated

                   22.07.2025 filed before the Superintendent of Police, Siwan

                   seeking police protection for the petitioner, as another co-

                   accused who are alleged to be threatening the petitioner and

                   other witnesses.

                                3. This application is disposed of with a direction to

                   the Superintendent of Police, Siwan to provide protection to the

                   petitioner if the allegations are found to be true by the

                   Superintendent of Police, Siwan. He is directed to examine the

                   matter himself within two weeks of communication of this order
              Patna High Court CR. MISC. No.19191 of 2026(2) dt.29-04-2026
                                                          2/2




                        and if he finds that the apprehension of the petitioner is genuine,

                        protection shall be provided to the petitioner and other witnesses

                        during the trial.

                                     4. With the aforesaid observations, this application is

                        disposed of.

                                     5. Let a copy of this order be communicated through

                        FAX or e-mail to the Superintendent of Police, Siwan for its

                        compliance.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.