IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4625 of 2011 1.Bipin Das, Son of Late Arjun Das 2.Rabain Das, Son of Late Rajendra Das 3.Ashok Das, Son of Atawari Das 4.Arun Das @ Arun Shah, Son of Late Bhagawan Das All Residents of Village Punaur, P.S. Pasraha, District Khagaria. ……….Petitioners Versus 1.The State of Bihar 2.Reena Devi, Wife of Late Mukesh Ram Resident of Village Laxminiya, P.S. Banma Etahari (Salkhua), District Saharsa. ……….Opposite Parties ----------- 04/- 26/07/2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. None appeared on behalf of the opposite party no. 2 (complainant), in spite of appearance through lawyer. The petitioners are named accused in this complaint case being full brother and relative of the complainant with allegation of taking away her husband to provide some engagement at Tamil Nadu from where he could not be traced out, in spite of having some talks on telephone and even brother-in-law (Dewar) of the complainant went to search his brother, but the petitioners assured that he shall return, though, suspicion was raised about his death in Tamil Nadu and further he was directed to bring the complainant, so that, money of insurance may be realized. In that course, when the complainant went to her parent’s place her signature on different papers have been taken. By way of supplementary affidavit on behalf of the petitioners, F.I.R. of Case No. 634 of 2009 dated 29.11.2009, post mortem report of the husband of the complainant and order of Judicial Magistrate dated 08.12.2009 has been filed showing that co-accused non- 2 petitioner Rajendra Kumar and a few more stand convicted under Section 176 of the Indian Penal Code, but at no point of time during pendency of the above case any information was given to the complainant rather some assurance were given, besides as alleged, signatures of the complainant was obtained on several papers. In view of all the above, petitioners are not entitled for the privilege sought. Hence, prayer of the above named petitioners, in connection with Complaint Case No. 253C/2010, pending in the court of Chief Judicial Magistrate, Saharsa, is hereby rejected. Praveen/- ( Akhilesh Chandra, J.)