IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.651 of 2019 Arising Out of PS. Case No.-361 Year-2017 Thana- MUNGER COMPLAINT CASE District- Munger ======================================================

1. Company Ram @ Tiran Ram S/o Darogi Ram R/o village- Bhagichak, P.O.-

Jamalpur, P.S.- Naya Ram Nagar, District- Munger

2. Ram Kumari Devi @ Raj Kumari Devi W/o Company Ram @ Tiran Ram R/o village- Bhagichak, P.O.- Jamalpur, P.S.- Naya Ram Nagar, District-

Munger

3. Sagar Kumar S/o Company Ram @ Tiran Ram R/o village- Bhagichak, P.O.- Jamalpur, P.S.- Naya Ram Nagar, District- Munger

4. Rea Devi @ Reena Devi D/o Company Ram @ Tiran Ram R/o village-

Bhagichak, P.O.- Jamalpur, P.S.- Naya Ram Nagar, District- Munger

5. Munni Devi W/o Sada Nand Ram R/o village- Oda Bagicha, P.O.- Dharhara, P.S.- Dharhara, District- Munger

6. Sada Nand Ram S/o Lakhan Ram R/o village- Oda Bagicha, P.O.- Dharhara, P.S.- Dharhara, District- Munger ... ... Petitioners Versus

1. The State of Bihar

2. Puja Kumari W/o Late Sourab Kumar R/o village- Bhagichak, P.S.- Naya Ram Nagar, District- Munger, At present Daughter of Pramod Ram @ Moti Ram, Wife of Late Sourab Kumar, Resident of Village- Sansar Pokhar, Pachna- Road, Gandhi Tola, P.S.- Kabaiya (Town Thana), District-

Lakhisarai ... ... Respondents ======================================================

Appearance :

For the Petitioners : Mr. Shashi Saurabh, Advocate Ms. Puja Kumari, Advocate For the State : Mr. Mohammed Arif, APP For the O.P. No.2 : Mr. Rahul Kumar Mishra, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR

ORAL JUDGMENT

Date : 20-01-2025 The present revision petition has been preferred by the petitioners against the impugned order dated 25.02.2019 passed by learned Additional Sessions Judge-II, Munger in Criminal Appeal No. 21 of 2017, whereby learned Sessions Court has directed the father-in-law and mother-in-law of the Complainant to pay maintenance to her.

2. The relevant facts of the case emerging from the records is that the O.P. No. 2/Complainant had filed one application before learned Additional Chief Judicial Magistrate IV^th, Munger bearing Complaint No. 361(C) of 2017 under Section 12 of Protection of Women from Domestic Violence Act, 2005 for passing protection order, residence order as well as maintenance order against her husband, parents-in-law as well as other relatives of the Complainant. Thereafter, learned Additional Chief Judicial Magistrate has passed the order dated 07.09.2017 whereby all the opposite parties were directed to provide residence and pay maintenance to the Complainant. Protection order against all of them was also passed by learned A.C.J.M. The said order of learned A.C.J.M was impugned before learned Sessions Court in Criminal Appeal No. 21 of 2017. During the pendency of this appeal, husband of the Complainant, Saurabh Kumar died. By the impugned final appellate order, learned Sessions Court modified the order dated 25.02.2019 passed by learned A.C.J.M. holding that in view of the fact that the husband of the complainant has died, both the parents-in-law of the Complainant are liable to pay maintenance to their Daughter-in-law/Complainant . Hence, he directed them to pay maintenance @ Rs. 5,000/- per month. There was no modification in regard to residence and protection order passed in favour of complainant. Being aggrieved by the impugned order, the petitioners preferred the present revision petition. The petitioners are parents-in-law and other relatives of the Complainant.

3. I heard the learned counsel for the petitioners, learned APP for the State and learned counsel for O.P. No. 2.

4. Learned Counsel for the petitioners submits that the petitioners have no grievance regarding protection and residence order passed by learned A.C.J.M. However, they have serious objection to maintenance order passed against them. He further submits that during lifetime of the husband, no relative of the husband