IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1239 of 2005 SMT.POONAM KUMARI Versus STATE OF BIHAR & ORS ----------- 08/ 03.07.2008 Heard Mr. S. Alamdar Hussain, Advocate for the petitioner and learned A.A.G. II for the State. This case has been filed for initiating a proceeding of contempt against the opposite parties for alleged disobedience/violation of the order of this Court dated 16.08.2004 passed in C.W.J.C. No. 9442 of 2004, by which a direction was given to the opposite parties to look into the matter and if there was already an order to that effect, then to see that the said order was implemented within a period of one month from the date of production of a copy of that order. A show-cause has been filed on behalf of the Director General of Police, Bihar and a supplementary show cause has also been filed on behalf of the Superintendent of Police, Gaya on 02.07.2008, in which it was specifically stated that in compliance of this Court’s order the deponent has established a Police picket in village Nasirchak under Mohanpur Police Station, District Gaya on 31.05.2008 and a compliance report to that effect has been sent to the Police headquarter, Patna vide memo no.992 dated 02.06.2008. It has also been stated that the said Police picket was housed in four small rooms at the community centre, which was the sole Government accommodation available there, but had become uninhabitable after the early onset of monsoon, with regard to which communications have been made to the authorities, which are annexed to the said show cause. It is also stated 2 that since the Police picket in village Nasirchak had become unsafe as Nasirchak and adjoining village had been cut off from the rest of the Block due to flood and the building had been damaged, due to fissure in the roof, caving floor, collapsing walls, crevices in the walls, the picket was temporarily shifted to a nearby Government school building at village Majhauli at about half a kilometer from Nasirchak on 20.06.2008. The station diary entry supports the said plea. It is further said in the said show-cause that on 29.06.2008 the picket has been shifted back to Nasirchak after taking up some patty protection work and hence the order has been complied although there are several risks involved there. A supplementary affidavit has been filed on behalf of the petitioner stating that even till 02.07.2008 no Police picket has been established in village Nasirchak, P.S. Mohanpur District Gaya. Hence in the said circumstances, there are affidavited statements of both sides but the materials produced by the authorities go to show that the said order of this Court has been complied and, accordingly, this M.J.C. case is disposed of. However, the Superintendent of Police, Gaya, will be at liberty to consider the future necessity and viability of continuing the Police picket at the said place and take steps accordingly. MPS/ ( S. N. Hussain, J. ) ( Ghanshyam Prasad, J. )