Udai Kumar Rai @ Udai Rai v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.101 of 2022 Arising Out of PS. Case No.-571 Year-2021 Thana- SONEPUR District- Saran ====================================================== Udai Kumar Rai @ Udai Rai, Son of Late Hareshwar Rai, Resident of Village- Fakrabad, P.S.- Sonepur, District - Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna Bihar. 2.

D.G.P., Patna, Bihar.

3.

D.I.G., Saran Chapra. Bihar 4.

District Magistrate, Saran , Chapra.

5.

Superintendent of Police, Saran, Chapra.

6.

Sunny Kumar, S/o Dharmendra Rai, Resident of Village- Semara, P.O.- Baijalipur, P.S.- Sonepur, District - Saran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

Mr. Pawan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) Date : 13-05-2022 Despite repeated calls, nobody has joined the Court proceedings being held through video conferencing on behalf of the petitioner.

2. The instant writ application has been filed by the petitioner for directing the Superintendent of Police, Saran, Chapra to recover his daughter from the illegal confinement of respondent no.6.

Patna High Court CR. WJC No.101 of 2022 dt.13-05-2022 2/2

3. A counter affidavit has been filed on behalf of respondent no.5, the Superintendent of Police, Saran, Chapra wherein it is stated that the alleged victim was recovered on 23.02.2022 and was produced before a Judicial Magistrate, who recorded her statement under Section 164 of the Cr.P.C. The statement of the victim recorded under Section 164 Cr.P.C. has been brought on record and marked as Annexure- A series to the counter affidavit.

4. A perusal of the 164 Cr.P.C. statement of the alleged victim would clearly demonstrate that she was not abducted by any one. She had left her house out of her own sweet will.

5. In view of the averments made in the counter affidavit filed on behalf of respondent no.5, since the grievance of the petitioner has already been redressed, the writ application is disposed of.

(Ashwani Kumar Singh, J) ( Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.05.2022 Transmission Date 16.05.2022