Kunti Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23056 of 2016 ===================================== Kunti Devi, Wife of Late Jaleshwar Rai, resident of village Shaidpur Dumra, P.S.- Patepur, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kriti Jain @ Kriti Prem Raj Jain @ Kiriti Prem Raaj Jain, Son of Premraj Jain, Ex-chairman-cum-Managing Director, Iske Pharmaceutical Limited, Plot No. 75, Sokhada Mukut Nagar Road, villageManjusar Talsawali, Vadodara (Gujarat) , resident of Al Samarpan, Co-operative Housing Society, Alakapuri, Vasna Road, Vadodra, Gujarat. .... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mrs. Bela Singh, Adv. For the Opposite Party/s : Mr. Shakir Ahmad, APP Mr. Sanjay Kumar @ S.K., Adv.

===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-09-2016 Heard learned counsel, appearing on behalf of the petitioner, learned Additional Public Prosecutor, appearing on behalf of the State, and learned counsel, appearing on behalf of opposite party No. 2.

By an order, dated 18.12.2013, passed in Cr.

Misc. No. 47614 of 2013, opposite party No. 2 was allowed

Patna High Court Cr.Misc. No.23056 of 2016 (7) dt.14-09-2016 2/3 to be released on anticipatory bail in the background of submission made on his behalf that he shall be depositing a bank draft of Rs. 1,08,864/- in the court below, in the name of the complainant, namely, Jaleshwar Rai, within a period of four weeks.

This application has been filed seeking modification in the said order, dated 18.12.2013, on the ground that on the date the said order, dated 18.12.2013, was passed, the complainant, namely, Jaleshwar Rai, was already dead. The petitioner herein, namely, Kunti Devi, is the widow of said Jaleshwar Rai.

In terms of the said order, dated 18.12.2013, opposite party No. 2 has already deposited the draft in the court below. The petitioner seeks modification in the order, dated 18.12.2013, passed in Cr. Misc. No. 47614 of 2013, only to the extent that the draft should be in her (petitioner herein) name since her husband, namely, Jaleshwar Rai, has already dead.

Learned counsel, appearing on behalf of opposite party No. 2, has produced before this Court a draft, worth Rs. 1,08,864/-, prepared in the name of the petitioner, namely, Kunti Devi, and submits that the said draft shall be presented before the court below within a period of two weeks from today.

Patna High Court Cr.Misc. No.23056 of 2016 (7) dt.14-09-2016 3/3 In view of the submission, as above, the order, dated 18.12.2013, passed in Cr. Misc. No. 47614 of 2013, stands modified accordingly.

It is observed that the draft presented by opposite party No. 2 before the court below earlier, in the name of Jaleshwar Rai, shall be returned to him by the court below.

This application is, accordingly, disposed of. (Chakradhari Sharan Singh, J.) Praveen-II/- U T