IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.929 of 2009 NEPALI YADAV son of Late Yamuna Yadav, resident of Village- Ishlam Nagar, P.S. Chandradeep, District- Jamui. . . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. The Director General of Police, Bihar, Patna. 3. The Divisional Inspector General of Police, Munger. 4. The Superintendent of Police, Jamui. 5. The Dy.S.P., Jamui. 6. The Officer-in-charge, Police Station, Chandradeep. . . . . Respondents. ----------- 3/ 02.08.2010 Heard learned counsel for the petitioner and the State. The petitioner is informant of Sikandara (Chandradeep) P.S. case no. 42 of 2006 under Sections 302, 307, 324/34 of the I.P.C. The First Information Report discloses a case of murder of three small children. The informant stated that five accused persons namely Preman Yadav, Sanjay Yadav, Jairam Yadav, all arrested along with Uday Yadav and Nepal Yadav variously armed entered into his house. The five named accused persons lifted his three children, namely, Vikash Kumar, Mukesh Kumar and Kajal Kumari despite protest. When the informant came out behind them, six more of their associates namely, Surendra Yadav, Sakendra Yadav @ Sako Yadav, Binod Yadav (all arrested), Kallu Yadav, Krishnandan Yadav and Mohan Yadav threatened them with dire consequences. It is further alleged that Krishnanandan Yadav cut the stomach of petitioner’s daughter with knife, while Preman Yadav and Surendra Yadav held her. It is further alleged that Nepal Yadav cut the neck of his girl. The accused persons have also killed his sons namely Vikash Kumar and Mukesh Kumar. 2 Learned counsel for the petitioner submits that trial had begun, bearing S.Tr. No. 328 of 2006, but the accused persons are threatening the witnesses from deposing in the case. He further submits that four accused persons namely Kallu Yadav, Krishna Yadav, Nepal Yadav and Mohan Yadav are still absconding. The State has filed counter affidavit. In paragraph 4 of the counter affidavit, it is stated that the charge-sheet was submitted within 16 days against 10 out of 11 accused persons excluding Mohan Yadav. In paragraph nos. 5 and 6 of the counter affidavit, it is stated that Surendra Yadav, Shakindra Yadav @ Sako, Preman Yadav, Jayram Yadav, Vinod Yadav and Sanjay Yadav have been arrested. It has been stated that all efforts are being made to arrest the remaining accused persons. Heard the counsel for the parties. It appears that trial of the case, bearing S.T. No. 328 of 2006 has already started before the Sessions Court concerned, at Jamui. It is further stated by the informant that the accused persons, who are hardened criminals, are threatening the witnesses from deposing. In the facts and circumstances of the case, the Superintendent of Police, Jamui as well as Station House Officer, Sikandra / Chandradeep will provide all possible securities so that the witnesses turn up and depose in the case. In case, they find that the accused persons are threatening the witnesses or the informant, they would issue appropriate direction for institution of such cases against 3 them as well. The petitioner is also granted liberty to bring the fact of any threatening given to him or witnesses both to the Superintendent of Police, Jamui as well as Station House Officer, Sikandra /Chandradeep, who will take appropriate action in the matter. Uday/ (Samarendra Pratap Singh, J.)