Disposed

Usha Devi v. The State Of Bihar, Through The Chief Secretary, Govt. Of Bihar, Patna and Ors.

Patna HC10 Nov 2022CR. WJC/941/2017

Case brief

AI extract

What is this about?

The High Court directed the Senior Superintendent of Police to complete the pending investigation and file a report within four months. The Court also granted liberty to the petitioner to seek protection against threats.

What did the court decide?

Investigation to be completed within four months; liberty to seek protection if filed within 30 days.

Usha Devi Vs The State Of Bihar, Through… — Constitutional and Fundamental Rights | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.941 of 2017

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Arising Out of PS. Case No.-456 Year-2016 Thana- MASAUDHI District- Patna

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Usha Devi Wife of Late Raj Kumar @ Raj Kumar Singh @ Nehru Singh, resident of Village- Kewadha, Police Station- Dhanarua, District- Patna.

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... ... Petitioner/s

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Versus

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The State Of Bihar, Through The Chief Secretary, Govt. Of Bihar, Patna

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The Secretary Home, Govt. of Bihar, Patna.

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The Director General of Police, Bihar, Patna.

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The Inspector General of Police, Patna Range, Patna.

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The Senior Superintendent of Police, Patna District, Patna.

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The Superintendent of Police, Rural, Patna District, Patna.

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The Officer In-Charge, Masaurhi Police Station, District- Patna.

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... ... Respondents

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Appearance :

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For the Petitioner/s : Mr.Abhay Kumar Thakur, Advocate For the Respondent/s : Mr. ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

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ORAL ORDER

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3 10-11-2022

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Learned counsel for the petitioner submits that the F.I.R. in this case was lodged in the year 2016 and as on today he is not much aware of the developments made in course of investigation. It is his submission that perhaps all the accused persons were not arrested in this case but learned counsel is not aware whether the investigation is complete or not.

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Further the petitioner has prayed for a direction to provide protection to the family of the petitioner.

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No one appears for the State.

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In the given facts and circumstances of the case, the

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Patna High Court CR. WJC No.941 of 2017(3) dt.10-11-2022 2/2

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Senior Superintendent of Police, Patna (respondent no. 5) is directed to ensure that if investigation is not complete so far, it must be completed within a reasonable period preferably within a period of four months from the date of communication of this order and a police report in terms of Section 173 Cr.P.C. be filed in the learned court below. Further the respondent no. 5 shall look into the grievance of the petitioner and the need for arrest of the accused particularly if anyone of them is absconding in the eye of law.

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Lastly, this Court grants liberty to the petitioner to submit a representation to respondent no. 5, in case she requires protection to her life, and, if such application is filed within a period of 30 days from today, the same will be considered and on finding genuineness with regard to the threat perception of the petitioner, respondent no. 5 shall issue an appropriate instruction to the concerned police station to provide protection to the petitioner.

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This application stands disposed of accordingly.

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(Rajeev Ranjan Prasad, J)

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Rajeev/-

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U T

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Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading ‘Judicial Orders Passed During The Pandemic Period’.

Usha Devi v. The State Of Bihar, Through The Chief Secretary, Govt. Of Bihar, Patna and Ors.

Case brief

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Usha Devi v. The State Of Bihar, Through The Chief Secretary, Govt. Of Bihar, Patna and Ors.

Case brief

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What the court decided

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