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Patna High Court

Indu DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered the Superintendent of Police, Siwan, to examine the threat allegations and, if genuine, to provide police protection to the petitioner and witnesses, and disposed of the protection application.

Summary

The petitioner, Indu Devi, filed a bail cancellation petition and simultaneously sought police protection, alleging that co‑accused were threatening her and other witnesses. The petitioner relied on an earlier application dated 22‑07‑2025 filed before the Superintendent of Police, Siwan, requesting such protection. The Court examined the bail cancellation petition and, noting the protection request, directed the Superintendent to investigate the allegations within two weeks and, if the apprehension was found genuine, to provide protection to the petitioner and witnesses during trial. The Court disposed of the protection application, incorporating the direction for the Superintendent to act accordingly. No substantive order was made on the bail cancellation issue in this order. The order was communicated to the Superintendent via fax or e‑mail for compliance.

Issues considered

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

Subjects

  • police protection
  • threat to witness
  • bail cancellation petition
  • criminal miscellaneous
  • protective order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20233 of 2026
                     Arising Out of PS. Case No.-118 Year-2023 Thana- JAMOBAZAR District- Siwan
                 ======================================================
                 Indu Devi W/O Late Sugrim Prasad R/o Jamo Bazar, P.S.- Jamo Bazar, Dist.-
                 Siwan.

                                                                                      ... ... Petitioner/s
                                                          Versus
           1.    The State of Bihar Patna
           2.    Aman Kumar S/O late Janardan Prasad R/o Jamo Bazar, P.S.- Jamo Bazar,
                 Dist.- Siwan.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :          Mr.Harsh Anuj
                 For the Opposite Party/s :          Mr.Gulnar Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-04-2026                  Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                2. The following order was passed on 29.04.2026 in

                   Cr. Misc. No. 19191 of 2026, which reads thus:-

                                                           “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
            Patna High Court CR. MISC. No.20233 of 2026(2) dt.30-04-2026
                                                        2/2




                                              weeks of communication of this orderand 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. ”

                                   3. In view of the order dated 29.04.2026 passed in Cr.

                      Misc. No. 19191 of 2026, this application is disposed of.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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