IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45305 of 2007 1. Raghunath Tiwari, Son of late Saryug Tiwari. 2. Godawari Devi, Wife of Raghunath Tiwari. 3. Brijesh Tiwari, Son of Raghunath Tiwari. 4. Vidyawati Devi, Wife of Brijesh Tiwari. All are resident of Village Matuk Chapra, P.S. Pachrukhi, District Siwan. 5. Mostt. Shanti Kunwar @ Shanti Devi, Wife of late Binay Pandey, daughter of Raghunath Tiwary, Resident of Village Papu Tola, P.S. Pachrukhi, District Siwan at present resident of Village Matuk Chapra, P.S. Pachrukhi, Distt. Siwan. -------- Petitioners Versus 1. State of Bihar. 2. Bibha Devi, Wife of Sri Niwas Tiwari, Daughter of Rajeshwar Pandey, Resident of Village Matuk Chapra, P.S. Pachrukhi, District Siwan, at present resident of Village+P.O.+P.S. Sangrampur, District East Champaran. --------- Opposite Parties ----------- 4 29.03.2010 At the outset, learned counsel for the petitioners would submit that the petitioner no.1, namely, Raghunath Tiwari has died during pendency of this application on 17.2.2010. In that view of the matter, the application so far it relates to the petitioner no.1 has become infructuous and is accordingly dismissed. Heard learned counsel for the parties. The opposite party no.2 is an unfortunate woman who has lost her husband in the prime of her youth. She is having liability of two children from the marriage. 2 It is alleged that the petitioners after the death of the husband of the opposite party no.2 somehow became instrumental in causing mental and physical torture for claiming the amount of deposits which were made by the husband of the opposite party no.2 in his lifetime by making his wife the opposite party no.2, as his sole nominee. Today, learned counsel for the petitioners very fairly keeping in view the stand taken in the petition in paragraph no.9, reading as follows; “9. That it is relevant to state here that these petitioners are already to keep her and her children.” has submitted that there would be no opportunity for the opposite party no.2 to have any grievance, inasmuch as, it is the duty of the petitioners to help and support the opposite party no.2 and her two children. Considering the aforementioned aspect and the fact that the counsel for the opposite party no.2 has no reservation in residing together with her in-laws, if the petitioners and opposite party no.2 would submit a written undertaking that the petitioners will not only 3 treat the opposite party no.2 and her two children with due respect and dignity but also would not claim any amount deposited by the husband of the opposite party no.2, the court below shall drop the criminal proceeding against the petitioners. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)