IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7719 of 2011 Ram Nandan Prasad, Son of Sri Kameshwar Prasad, Resident of Village- Khiraunti, P.S. Ghoshi, District- Jehanabad. . . . . . . Petitioner. Versus 1. The State of Bihar, through the Home Secretary, Government of Bihar, Old Secretariat, Patna. 2. The Commissioner, Magadh Division, Gay. 3. The District Magistrate, Jehanabad. 4. The Superintendent of Police, Jehanabad. 5. Dy. Superintendent of Police (Special Cell) Jehanabad. 6. Officer-in-charge, Ghoshi P.S., Jehanabad. . . . . . . Respondents. ----------- 2/ 26.07.2011 Heard Mr. Dronacharya, learned counsel appearing for the petitioner and counsel for the State. In the instant writ application, the petitioner prays for direction to the respondent authorities to provide police protection, as earlier there have been murderous attack on him and his family members, pursuant to which three persons were killed. The petitioner submits that there is a criminal conspiracy to kill him, as he did not agree to make payment of Rangdari tax. As the petitioner did not accede payment of Rangdari tax he was attacked on 15.03.1998 and in course of attack one of his family members was killed giving rise to Ghosi P.S. case no. 64 of 1998 dated 16.03.1998, under Sections 302 of the Indian Penal Code and 27 of the Arms Act. The petitioner is the informant of the aforesaid case. The petitioner further submits that after the occurrence the security was provided to him. He further submits that miscreant again attacked him on 03.05.2003, in which one of his relatives and the driver of his vehicle were killed. The petitioner along with his security guard too sustained 2 injuries and he lodged Shastrinagar P.S. case no.289 of 2003 dated 03.05.2003 under Sections 302, 307/34 of the Indian Penal Code and 27 of the Arms Act. The petitioner submits that his security was withdrawn on eve of previous Parliamentary Election in the year 2004. As the petitioner had real threat to his life, he filed representations before the respondents for providing security. Thereafter he moved this Court vide C.W.J.C. No.9456 of 2004, which was disposed of by order dated 25.04.2005. While disposing of the writ application, this Court directed the District Magistrate and Superintendent of Police, Jehanabad to consider the representations of the petitioner for grant of security guard in the light of earlier order dated 25.06.2003 as also keeping in view the fact that petitioner is informant of two criminal cases under Sections 302 of Indian Penal Code. In view of the order of this Court dated 25.04.2005, the petitioner was again provided security, which was withdrawn in March 2011. The petitioner submits that threat has become graver, as the trial of Ghoshi P.S. case no. 64 of 1998 (S.T. No. 107 of 2003) under Sections 302 of Indian Penal Code has started in the court of Additional Sessions Judge 1st, Jehanabad. The petitioner is the informant in the aforesaid case and he has to make his deposition along with other witnesses. He submits that he has already filed a representation before the Home Secretary, Government of Bihar and Superintendent of Police, Jehanabad. The petitioner submits that recently Hon’ble Supreme Court in 3 case of State of Maharashtra Vs. Mangi Lal, reported in (2009) 15 SCC 418 observed as follows: “In case of gruesome murder, police protection should be given to witnesses so that they can depose freely. Unless that is done the result would be that justice would not be done to the victim. The accused persons with money and power can trample on any witness who dares to depose against them. The victor will be injustice and it would be a slur on the criminal justice system if it so happens.” I have heard the learned counsel for the petitioner and the State. I find that there were two murderous attacks on the petitioner in the year 1998 and 2003. In 1998 attack one relative of the petitioner was killed whereas in 2003 attack two persons including driver of the vehicle were killed, whereas petitioner and the security guard too sustained injuries. The petitioner is the informant of both the criminal cases and the trial of Ghoshi P.S. case no. 64 of 1998 (S.T. No. 107 of 2003) has started. The petitioner fears imminent threat to his life in such circumstances. In my view, if petitioner files a representation before the District Magistrate, Jehanabad with a copy of Superintendent to Police, Jehanabad, both of them would consider the desirability of providing security to the petitioner. The representation filed by the petitioner must be disposed of within a period of four weeks from the date of receipt of the same. Uday/ (Samarendra Pratap Singh, J.)