Geeta Devi Vs the State of Bihar through… — Murder and Culpable Homicide | Patna HC (2025)

Geeta Devi Vs the State of Bihar through… — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with liberty to the petitioner to approach the Magistrate concerned for redressal of grievances by way of filing a petition in accordance with law; the Magistrate directed to consider and dispose of such petition within 15 days of filing and pass an appropriate order. Mandamus sought for arrest of the named accused was not issued.

Issue for consideration

Whether a writ of mandamus should issue commanding respondent nos. 3 and 4 (Superintendent of Police, Vaishali and SHO, Baligaon Police Station) to arrest and take legal action against respondent nos. 5 to 8, named accused in Baligaon P.S. Case No.102/2023 registered under Sections 302/34 IPC, given the alleged failure of the respondent authorities to act.

Court's answer

The writ petition is disposed of with liberty to the petitioner to approach the Magistrate concerned for redressal of grievances by filing a petition in accordance with law, in view of the law laid down by the Hon'ble Supreme Court in Sakiri Vasu v. State of U.P., (2008) 2 SCC 409; the court did not itself command the police to arrest the named accused.

Ratio / Principle

If such a petition is filed before the Magistrate concerned, the Magistrate shall consider and dispose of it within 15 days of its filing and pass an appropriate order.

Detailed headnote1 paragraphs

Criminal Writ Jurisdiction Case (Patna High Court, single bench, Sandeep Kumar, J., order dt. 28-07-2025): Petitioner sought a writ of mandamus commanding the Superintendent of Police, Vaishali and the SHO, Baligaon Police Station to arrest and take legal action against respondent nos. 5 to 8, named accused in Baligaon P.S. Case No.102/2023 registered u/s 302/34 IPC, alleging the authorities were not acting; the underlying case is pending before Sub-Judge 3rd cum A.C.J.M.2nd, Vaishali at Hajipur. The court disposed of the application with liberty to the petitioner to approach the Magistrate concerned by filing a petition in accordance with law, applying the law laid down in Sakiri Vasu v. State of U.P., (2008) 2 SCC 409, and directed that any such petition be considered and disposed of within 15 days of filing with an appropriate order passed.

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.160 of 2024

Arising Out of PS. Case No.-102 Year-2023 Thana- BALIGAON District- Vaishali

======================================================

Geeta Devi Wife Of Murari Singh And Daughter Of Late Dukha Singh Resident At Village - Ali Nagar Lerthan, P.S. - Baligaon, District - Vaishali. Presently Resident Of Gorhiari Nikaspur Nisfi, P.S. - Tajpur, District - Samastipur

... ... Petitioner/s

Versus

The State Of Bihar Through Principal Secretary, Home Department, Patna, Bihar Bihar

The Director General Of Police, Bihar, Patna Bihar

The Superintendent Of Police, Vaishali, District - Hajipur Bihar

The Station House Officer (S.H.O.), Baligaon Police Station, District - Vaishali Bihar

Bindeshwar Singh Son Of Late Dukhu Singh Resident Of Village - Ali Nagar, Levdhan, P.S. - Baligaon, District - Vaishali

Phulo Devi Wife Of Bindeshwar Singh Resident Of Village - Ali Nagar, Levdhan, P.S. - Baligaon, District - Vaishali

Ajay Kumar Son Of Bindeshwar Singh Resident Of Village - Ali Nagar, Levdhan, P.S. - Baligaon, District - Vaishali

Vijay Singh Son Of Bindeshwar Singh Resident Of Village - Ali Nagar, Levdhan, P.S. - Baligaon, District - Vaishali

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar For the Respondent/s : Mr. Aag.7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

2 28-07-2025 Heard the learned counsel for the petitioner and the

learned counsel for the State.

2 . This writ petition has been filed for issuance of a

writ of mandamus or any other writ or writs, direction or directions commanding upon the Respondent-authorities specially Respondent nos. 3 and 4 for arresting and taking legal

Patna High Court CR. WJC No.160 of 2024(2) dt.28-07-2025 2/2

action against respondents no.5 to 8 who are named accused of Baligaon P.S. Case No.102/2023 registered u/s 302/34 of the Indian Penal Code as Respondent authorities are just sleeping over the matter and not taking any action against Respondent no.5 to 8. The case is pending in the Court of Sub-Judge 3rd cum A.C.J.M.2nd Vaishali at Hajipur.

3 . This application is disposed of with liberty to the petitioners to approach the Magistrate concerned for redressal of his grievances by way of filing a petition in accordance with law and in view of the law laid down by Hon’ble Supreme Court in the case of Sakiri Vasu v. State of U.P. reported as ( 2008) 2 SCC 409.

4 . If such a petition is filed before the Magistrate concerned, the same shall be considered and disposed of within 15 days of its filing and an appropriate order shall be passed.

(Sandeep Kumar, J)

Shishir/-

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