Urmila Kuar And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52059 of 2016 Arising Out of PS.Case No. -1174 Year- 2015 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ======================================================

1. Urmila Kuar, Wife of Late Bisundeo Giri.

2. Durga Giri, Son of Late Bisundeo Giri.

3. Indu Giri @ Indu Devi, Wife of Sri Durga Giri.

4. Ajeet Giri, Son of Durga Giri, All resident of Village- Naya Tola Harpur, P.S.- Piprakothi, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Savitri Kuar, D/o Rama Giri at present resident of Raghunathpur Vrita, P.S.- Turkaulia, District- East Champaran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 20-12-2016 Heard Sri Krishna Kant Singh , learned counsel for the petitioners and learned Additional Public Prosecutor Four petitioners, who are widow mother- in- law, brother of the husband of the complainant , wife of petitioner no. 2 and son of petitioner no. 2 have approached this court with a prayer to extend the privilege of anticipatory bail. It was submitted by learned counsel for the petitioners that marriage of the complainant with the son of petitioner no. 1 was solemnized long back almost 17-18 years ago . Subsequently the husband of the complainant left for heavenly abode. Even

Patna High Court Cr.Misc. No.52059 of 2016 (3) dt.20-12-2016 2/2 during life time of her husband the complainant had filed a case under Section 498-A of the Indian Penal Code in which he had arrayed her husband as witness in the complaint case. It has been argued that basically the present complaint petition was filed for claiming share in the property.

Keeping in view the facts and circumstances, the court is of the opinion that it is a fit case for extending anticipatory bail. Accordingly in the event of arrest or surrender within a period of six weeks from today, let the aforesaid four petitioner Urmila Kuar, Durga Giri, Indu Giri @ Indu Devi, Ajeet Giri be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of Sri M.K. Shahi, Judicial Magistrate 1st Class, Sadar, East Champaran at Motihari / concerned court in connection with Complaint Case No. 1174 of 2015, Tr. No. 1609 of 2016 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure 1973. (Rakesh Kumar, J) Praful/- U T