Sunil Rai @ Baharan Rai @ Sunil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17779 of 2023 Arising Out of PS. Case No.-442 Year-2007 Thana- NAGAR District- Vaishali ====================================================== SUNIL RAI @ BAHARAN RAI @ SUNIL S/O SRI GOPALJI YADAV @ GOPAL RAI Resident of Village- Dharmbagi, P.S.- Avatar Nagar, DistrictSaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Bela Singh, Advocate For the Opposite Party/s :
Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-05-2023 Heard Mrs. Bela Singh, learned counsel for the petitioner and Mr. Damodar Prasad Tiwari, Learned APP for the State.
The petitioner apprehends his arrest in connection with Vaishali Nagar P.S. Case No.442 of 2007 instituted under Sections 366,364,34 of the Indian Penal Code lodged on 13.08.2007 by the informant Ram Ishwar Sahni. As per the prosecution story, Ram Ishwar Sahni initially filed a complaint case no. 2045/2007 in the Court of Chief Judicial Magistrate, Vaishali at Hajipur alleging inter alia that her daughter-in-law namely Lalita Devi went to her parents' house with her three children. After 15 days when she did not return to her in-laws house and he saw younger grandson was found weeping at Saraiya chowk, Muzaffarpur. On information,
Patna High Court CR. MISC. No.17779 of 2023(2) dt.25-05-2023 2/2 he went there and brought his grandson who told that his uncle Uday and Brij forcefully took away his mother, brother and sister to Delhi by train. Brother Raja Sahni is working in a hotel under their pressure and mother is also tortured by both uncle. His younger sister aged 1 1⁄2 years was killed by them. It was claimed that both accused persons kidnapped her daughter-inlaw either for the purpose of marriage or for illegal work. Subsequently, it gave rise to Vaishali P.S. Case No.442 of 2007.. It is ironical that in a matter in which FIR was lodged in 2007 vide Vaishali Nagar P.S. Case No. 442 of 2007 under Section 366,364,34 of the Indian Penal Code the petitioner has chosen to move before this Court after 16 years and also two years after his anticipatory bail application was rejected by the learned Sessions Judge, Vaishali on 04.12.2021. Certainly this is not a fit case for anticipatory bail.
Accordingly, the anticipatory bail application stands rejected.
Let a copy be sent to the Superintendent of Police, Vaishali, Hajipur for his perusal and needful action. (Rajiv Roy, J) Prakash Narayan /- Sunil U T