Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.81 of 2012 ====================================================== Bindu Devi, W/O Basukionath Tiwary, Resident of Village- Bakharpur, P.S- Pirpaiti, District- Bhagalpur. .... .... Petitioner Versus 1. The State of Bihar through the Chief Secretary. 2. The Director General of Police Bihar, Patna 3. The Deputy Inspector General of Police, Bhagalpur. 4. The Superintendent of Police, Bhagalpur. 5. The Deputy Superintendent of Police, Bhagalpur. 6. The Officer Incharge, Pirpaiti, District- Bhagalpur. 7. Dipak Singh, S/O Dinesh Singh, Resident of Mundichak, P.S- Tilkamanjhi, District- Bhagalpur. .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 05-09-2012 The petitioner is informant of Nathnagar P.S. Case No. 17 of 2010 instituted under [STATUTE] and 27 of the Arms Act. A prayer has been made in the present writ petition to direct the respondents to expedite the investigation of the aforesaid case, arrest the accused persons and their associates and to protect the life and liberty of the petitioner and her family members. Since, the case is under investigation, it would not be proper for this Court to direct arrest of any person as it is Patna High Court CR. WJC No.81 of 2012 (2) dt.05-09-2012 2 / 2 2 primarily the duty of the investigating agency to find out as to who the offenders are. In any case, the investigating agency is not expected to act mechanically and arrest the accused persons named in the F.I.R. Since arrest is an encroachment on the right of the citizen, the same has to be in lawful manner. In that view of the matter, I do not find it appropriate to make any direction in this regard. So far as the question of protection of life and property of the petitioner is concerned, learned counsel for the State submits that as and when the occasion would arise, the State would take all steps to protect the life and property of the petitioner in accordance with law. However, the investigating agency must promptly take all necessary steps, conclude the investigation and submit its report to the Magistrate concerned, if the same has yet not been submitted. It is open to the investigating agency to submit such report as it considers appropriate, having regard to the facts and circumstances of the case and result of the investigation. With this observation, the writ petition is disposed of. Sanjeet/- (Ashwani Kumar Singh, J.)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.