Patna High Court
BANDANA KUMARIversusTHE STATE OF BIHAR THROUGH DIRECTOR GENERAL OF POLICE BIHAR, PATNA
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
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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