Can't Approach Patna High Court Due To Huge Pendency And Non-Listing Of Matters: Woman Facing Harassment Moves Supreme Court

The petitioner has approached the Supreme Court instead of the Patna High Court on account of the 'conditions with regard to listing of the matters' in the High Court where the urgent nature of regular and anticipatory bail are not getting listed for several months. According to the petitioner, the huge pendency of the cases and their non-listing before the Patna High Court is partly due to the manner of functioning but largely because of the huge vacancy of Judges in the Court.

The petitioner is a woman residing in a remote village of District, alleging molestation and misbehaviour on part of some musclemen in the village. The petitioner one month after having injured herself in the incident, and contacting higher police officials, lodged a FIR. The musclemen who had allegedly harassed her have now got her socially boycotted her, and closed the roads to her house to force her to withdraw the FIR. After no action was taken by any Agency, the petitioner was forced to leave the village.

The petitioner has alleged that an attempt to outrage her modesty and rape was committed on her by some village musclemen in 2014, thereby seriously injuring her. Despite making a complaint and getting the medical examination done on the very same day, no FIR was registered against the miscreants. Even after the FIR was registered, none of the accused were arrested by the local police even after instructions to do so where given by the Superior Officer.

The petitioner has contended that she has been forced and coerced by the accused in every way, so much so that in November 2020 the only public road leading to her house was closed down, resulting in immense trauma and pain apart from utter difficulty in meeting her daily needs.

The plea has stated that the petitioner has already written to almost every agency of State possible but no body came to her rescue. A representation was also made to the highest placed officials in the State but it bore no results.

The petitioner has therefore prayed for the following reliefs from the Apex Court:

• Issue direction to the authorities to ensure that the petitioner is accorded with appropriate protection and no harassment is caused to her at the behest of the accused persons, and the ingress and outgress of the petitioner is not obstructed at the behest of accused persons.

• Direct the concerned respondent to ensure removal of the barricade/blockage/blockage towards her house.

• Direction to the concerned Station House Officer to lodge an FIR for blocking the way towards her house and complete the investigation within time.

• Direct the District Magistrate Darbhanga to immediately visit the site at village North Kasraur, PS Ghanshyampur, District Darbhanga, Bihar, the house of the petitioner and ensure that no blockage is made on the road or passage leading to the house of the petitioner and also to instil confidence in the petitioner that the state authorities stand with her in case of an adversity and further to ensure that a message is sent across the society that the State authorities will not allow any women to be harassed in manner the petitioner has been harassed.

The petition has been drawn by Advocate Kamlesh Kumar and filed by Advocate Kabir Dixit on behalf of the petitioner.