IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.578 of 2010 AJAY KUMAR GUPTA …petitioner Versus 1. STATE OF BIHAR 2. Sulekha Devi wife of Ajay Kumar Gupta …opposite party For the Petitioner : Mr.Ashok Kr. Mishra, For O.P.No.2 :Mr.Dhirendra Kr. Jha no.2 For the State : Mr.Ramchandra Singh, APP ----------- 04. 20.08.2010 Heard counsel for the parties. Counsel for the petitioner states that he has been making his sincere efforts to resolve the issue/dispute between him and his wife. It is further submitted that he shall continue to make such efforts. It appears that petitioner was earlier granted bail by learned Addl. Sessions Judge, Rosera on 16.03.2009 in view of certain compromise entered into between the husband and wife. Subsequently, the wife (o.p.no.2) preferred an application in which it was alleged that the petitioner has refused to carry out the undertaking/terms of compromise made by and between them. Thereafter, impugned order dated 23.02.2010 has been passed whereby the bail earlier granted to the petitioner has been cancelled and he has been directed to surrender in the court below and apply for regular bail which was directed to be decided on merit without being prejudiced by the said order. Learned counsel for the petitioner draws attention of the court to the order dated 23.02.2010 wherefrom it appears that both the husband and wife were present in court. On a query 2 made by the court, the wife expressed willingness to accompany the husband. Learned counsel further submits that any breach of the terms of compromise of undertaking may not constitute a ground for cancellation of bail, particularly when there is no allegation that the petitioner has in any manner misused the privilege of bail by not appearing in the proceeding and/or tampering with the evidence in any manner. Mr. Mishra appearing on behalf of the husband and Mr. Jha representing the wife state that parties will again make sincere efforts for resolution of dispute/issue between them. Learned counsel for the petitioner assures this Court that the allegation that the husband has established illicit relationship with another lady is completely wrong. In view of the aforesaid facts and submissions, let the petitioner surrender in the court below in terms of the order impugned. Once he surrenders and applies for bail, learned Magistrate shall release him on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to its satisfaction subject to the condition that one of the bailors shall be his own/close family member. The application stands disposed of. hr ( Kishore K. Mandal )