IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15206 of 2010 1. ANITA DEVI, Wife of Anand Kumar Agarwal 2. Gauri Shanker Agarwal @ Gouri Shanker Kumar Agarwal 3. Brij Kishore Agarwal Both sons of Anand Kumar Agarwal 4. Anand Kumar Agarwal, son of late Balram Das. All resident of Thathrani Chowk, Bazar, P.S. – Mehdawal, District – Sant Kabir (Uttar Pradesh) ------------------ Petitioners. Versus THE STATE OF BIHAR ------ Opposite Party. ------- 02. 21.05.2010 Heard learned counsel for the petitioners and State. All the four petitioners are named accused in Complaint Case No. 144(C)/2009, pending before the court below carry allegation of torture. The complainant is widow of deceased brother of petitioner no.4. There appears a partition suit between the parties with respect to properties apart from the will said to have been executed by the deceased husband of the complainant appointing his brother as guardian of minor children. He was apprehending second marriage of his wife in case of his death, since, he was suffering from different ailments and early death was expected. He was also apprehending alienation of property left by him by his widow. Considering the facts and circumstances and the nature of disputes and pendency of civil suit etc. wherein the petition has already been filed to restrain her from alienating the property, in the event of their arrest/surrender within four weeks before the court below of the receipt of the copy of this order, petitioners, namely, Anita Devi, Gauri Shankar Agarwal @ - 2 - Gouri Shanker Kumar Agarwal, Brij Kishore Agarwal and Anand Kumar Agarwal, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha (West Champaran) in connection with Complaint Case No. 144(C)/2009. Subject to condition laid down under Section 438(2) of the Criminal Procedure Code. Petitioner no.4 being senior most male member of the family, additional condition to attend the court on each and every date at least for two years or till disposal of the case whichever is earlier, on failure on two consecutive dates, the privilege granted shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)