High Court Patna High Court - Orders

Rajesh Singh &Amp; Anr vs State Of Bihar &Amp; Ors on 12 July, 2010

Patna High Court – Orders
Rajesh Singh &Amp; Anr vs State Of Bihar &Amp; Ors on 12 July, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      CR. WJC No.560 of 2010
                                 1. Rajesh Singh s/o Hazari Singh
                                         2. Kumari Rashmi
                Both resident of village Dumri Baiju PS Pathi Dist. East Champaran
                                                                      Petitioners
                                                    Versus
                          STATE OF BIHAR & ORS                        Respondents
                                         ----------

2 12.7.2010 Petitioner no.1 Rajesh Singh states that he has married

petitioner no.2 Kumari Rashmi, daughter of respondent no.7

Rajeshwar Singh of village Dumri Baiju Police station Patahi in the

district of East Champaran. It is asserted that both petitioner nos.1 and

2 are major. In support of the aforesaid submissions, matriculation

certificates of both petitioners have been annexed as annexures 1 and

2 and marriage certificate granted by Marriage Officer, West Bengal.

The petitioners have genuine apprehensions from respondent no.7

who has not yet reconciled to the marriage. He further states that

petitioners are receiving all sorts of threat from respondent no.7. It is

also stated that petitioner no.2 is working as Panchyat teacher in one

of the local schools at Dumri Baiju within Dumri block. He also states

that Hon’ble Apex Court in the case of Lata Singh vs. State of U.P.

has directed the Administration and the police authorities to see that

no case of harassment is made out against the couple who have

undergone inter-castes marriage. In the aforesaid case, the Hon’ble

Court further observed that anyone giving such threat or harassment

can be prosecuted. In such circumstances, he prays that petitioners are

entitled to police protection.

Learned counsel for the State does not controvert the

aforesaid proposition of law laid down by the Hon’ble Apex Court. In
-2-

paragraphs 14 and 18 of the judgment, the Hon’ble Court has directed

that the police or the administration should give them all protections

against any kind of harassment from anyone, if the couple have

married each other.

Having heard learned counsel for the petitioners and the

State, this Court directs that in case, petitioners file a representation

before the S.P. East Champaran, Motihari, he will hear respondent

no.7-Rajeshwar Singh also, and if he finds that petitioners are major

and have married each other then he would grant necessary protection

to them as has been laid down by the Apex Court in the case of Lata

Singh (Supra).

With the aforesaid directions, this application is disposed of.

shahid                                               (S.P.Singh, J)