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Patna High Court

BANDANA KUMARIversusTHE STATE OF BIHAR THROUGH DIRECTOR GENERAL OF POLICE BIHAR, PATNA

Decided
Disposal
DISPOSED

Holding

The Court directed the State authorities to take proper action to protect the petitioner’s life and liberty and disposed of the writ petition.

Summary

Bandana Kumari filed a writ petition seeking a direction to the State of Bihar to protect her life and liberty and that of her family against accused persons in Complaint Cases No. 117 and 118 of 2022 pending before the Chief Judicial Magistrate, Supaul. The petition was limited to protection and did not request detailed examination of the underlying FIRs, which had closure reports filed. The Court noted the State's duty to safeguard life and liberty and, without delving into the merits of the complaints, directed the respondent authorities to take appropriate action if any such complaint comes to their notice. The Court emphasized that the State must allay any apprehension of the petitioner regarding safety. Consequently, the writ petition was disposed of after issuing the protective direction.

Issues considered

  • What duty does the State have to protect the life and liberty of a petitioner and her family in the context of pending criminal complaints?
  • Whether the High Court can issue a protective direction without detailed examination of the underlying FIRs and closure reports.

Subjects

  • life and liberty
  • protective direction
  • writ petition
  • state duty
  • criminal complaint
  • closure report
  • petition disposed

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.315 of 2022
                  Arising Out of PS. Case No.-117 Year-2022 Thana- COMPLAINT CASE District- Supaul
                 ======================================================
                 Bandana Kumari wife of Arun Kumar Mishra, Resident of Mallarh (Ward No.
                 11), P.S. Kishanpur, District - Supaul.
                                                                         ... ... Petitioner
                                                      Versus

           1.    The State of Bihar Through Director General of Police Bihar, Patna Bihar.
           2.    The Deputy Inspector General of Police, Saharsa. Bihar
           3.    The Superintendent of Police, Supaul. Bihar
           4.    The Deputy Superintendent of Police, Supaul. Bihar
           5.    The Station House officer, Kishanpur Police Station, Supaul. Bihar
           6.    The Station House officer, Supaul. Bihar

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Ms. Archana Sinha, Sr. Advocate
                 For the Respondent/s    :       Mr. Prabhat Kumar Verma, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

8   12-01-2026                    Heard the parties.

                                  2. The present writ petition has been filed for a

                   direction to the respondent authorities to take proper legal

                   action, protecting the life and liberty of the petitioner and her

                   family members against the accused persons.

                                  3. From the record it appears that the accused

                   persons are accused persons of Complaint Case No. 117 of 2022

                   and Complaint Case No. 118 of 2022 pending before the Court

                   of learned Chief Judicial Magistrate, Supaul.

                                  4. Learned counsel for the respondent-State
          Patna High Court CR. WJC No.315 of 2022(8) dt.12-01-2026
                                                      2/2




                    submits that pursuant to the aforesaid Complaint case,

                    Kishanpur P.S. Case Nos. 191 and 192 of 2022 were instituted.

                                    5. Since the petitioner has approached this Court

                    with limited prayer seeking protection of life and liberty of

                    petitioner and her family members against the accused persons,

                    I am not inclined to go into the details of the case, though

                    submission has been made that closure reports have been

                    submitted in the aforementioned two FIRs. It is the duty of the

                    State to protect the life and liberty of each and every person and

                    if there is any apprehension to the petitioner regarding safety of

                    her family members and herself as well, the State is under

                    bounden duty to allay such apprehension and therefore, the State

                    authorities are directed to take proper action for protection of

                    life and liberty of the petitioner and her family members, if any

                    such complaint comes to the notice of the authorities.

                                    6. Accordingly, the present writ petition stands

                    disposed of.


                                                               (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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