Patna High Court
RAUSHAN KUMARversusThe State of Bihard Through the Home Commissioner, Government of Bihar, Patna.
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The writ petition was held infructuous and disposed of.
Summary
Petitioner Raushan Kumar filed a criminal writ petition seeking relief after respondent No.6, Nisha Kumari, was released from the Balika Grih and alleged that he was being threatened by an informant in police case 517 of 2021. The court observed that the relief concerning Nisha Kumari was already satisfied as she was staying with the petitioner. The petitioner’s allegation of threat was found to be vague and unsupported by any specific evidence. The court held that the petitioner could not approach the High Court on such a vague assertion. Accordingly, the writ petition was deemed infructuous and was disposed of.
Issues considered
- Whether the writ petition remains maintainable after the primary relief has been satisfied
- Whether the allegation of threat by an informant, without specific evidence, warrants judicial intervention
Subjects
- writ petition
- criminal writ jurisdiction
- threat allegation
- infructuous
- petition disposed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.761 of 2022
Arising Out of PS. Case No.-517 Year-2021 Thana- BIHTA District- Patna
======================================================
Raushan Kumar S/o Sunil Kumar @ Sunil Verma, R/o village- Katesar, P.S.-
Bihta, District- Patna.
... ... Petitioner
Versus
1. The State of Bihard Through the Home Commissioner, Government of
Bihar, Patna. Bihar
2. The District Magistrate, Patna Bihar
3. The Senior Superintendent of Police, Patna Bihar
4. The SHO, Bihta, District- Patna Bihar
5. The Superintendent, Remand Home (Balika Grih), Gai Ghaat, Patna Bihar
6. Nisha Kumari, W/o Raushan Kumar, through the Superintendent, Remand
Home (Balika Grih) Gai Ghat, Patna, Bihar
7. Sunil Kumar @ Sunil Verma S/o Jagdish Mahto R/o village- Katesar, P.S.-
Bihta, District- Patna
8. Priyanka Devi @ Priyanka Sinha W/o Sunil Kumar @ Sunil Verma R/o
village- Katesar, P.S.- Bihta, District- Patna
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Rabindra Kumar Priyadarshi, Advocate
Mr. Mohan Kumar Tiwari, Advocate
Mr. Ujjwal Kumar, Advocate
For the Respondents : Mr. M. Nasrul Huda Khan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 13-01-2026 Heard the parties.
2. Learned counsel for the petitioner submits that
respondent no. 6 has been released from the Balika Grih and she
has been staying with the petitioner and the prayer of the
petitioner in paragraph no. 1(i) of the writ petition stands
satisfied.
3. However, learned counsel for the petitioner
Patna High Court CR. WJC No.761 of 2022(4) dt.13-01-2026
2/2
submits that petitioner has been threatened by the informant of
Bihta P.S. Case No. 517 of 2021 and some orders may be
passed.
4. If the petitioner is being threatened by the
informant of Bihta P.S. Case No. 517 of 2021, he has the liberty
to have recourse of law and could not approach this Court with
vague assertion. Since other prayer of petitioner stands satisfied,
the present writ petition has become infructuous and the same is
disposed of.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
Checking your session…