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2004 DIGILAW 1186 (PAT)

Sarita Pandey @ Anshu @ Sarita Kumari v. State of Bihar

2004-11-30

body2004
ORDER 1. Heard learned counsel for the petitioner and learned counsel for the State. 2. Petitioner claims to be a major and is apprehensive of threat to her life from her relations, particularly respondents no.9 and 10, who are her father and brother-in-law. The apprehension has arisen because petitioner claims that she married a boy of her choice which was not to the liking of her relations and for that a criminal case being Madhuban PS Case No. 83/2003 was lodged by her father, respondent no.9, against her husband Prakash Pandey. It has been submitted that petitioner has certificate from the Bihar School Examination Board to support her claim that she was major at the time of marriage. It has further been submitted that a Cr. Misc. application bearing no. 32394 of 2003 has been filed by her husband for quashing of the criminal case and a Bench of this Court has issued notice on 3.8.2004 and in the meantime interim order has been passed that no coercive steps shall be taken against petitioner's husband. 3. It appears that petitioner has married of her own choice outside her caste and therefore, there has been threat by her relations. In such circumstances the writ petition is disposed of with liberty to the petitioner that in case she receives any further threat or has strong apprehension of threat to her life from respondent no.9 or 10 then she should approach the Superintendent of Police of the concerned district along with copy of this order and in that event the Superintendent of Police concerned shall get the facts verified expeditiously within a week and in case it is found that petitioner's apprehension is justified then he shall order for providing security or for such steps that may ensure safety and security of the petitioner.