IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26028 of 2011 Jamshed Alam Versus The State Of Bihar & Anr. ----------- 2 17.08.2011 The present application has been filed for modification of the order dated 11.05.2011 passed in Cr. Misc. No. 14772/11 whereby the petitioner was granted provisional bail for six months with a direction to both parties to appear before the learned court below on 30.05.2011 when the petitioner was to take the informant to her matrimonial house to keep her with full dignity and honour. The provisional anticipatory bail of the petitioner was to be confirmed by learned court below on substantial restoration of matrimonial harmony or if the informant deliberately refuses to reside with the petitioner. From the order of learned court below dated 30.05.2011 it appears that the opposite party no.2 did not appear on the ground that she has to appear at some examination then the matter was adjourned on 10.06.2011 but on 10.06.2011 an application was submitted that the opposite party no.2 will go to her matrimonial house provided the husband comes to her house thereafter the matter was adjourned to 23.06.2011 when the opposite 2 party no.2 was again not present when the matter was again adjourned to 04.07.2011 and on that date the petitioner was not present due to illness hence the non- bailable warrant arrest was issued against the petitioner. Since for one default of the petitioner the non- bailable warrant was issued, hence the order dated 04.07.2011 is hereby quashed. The aforesaid conduct of the opposite party no.2 is contrary to the undertaking given before this Court and that amounts to deliberately refusing to resume conjugal life. It is submitted that the bail bond of the petitioner has not been cancelled till today. Let the learned court pass an appropriate order for confirmation of the bail of petitioner in connection with Manjhaulia P.S. Case No. 17/11. However, the aforesaid confirmation will not preclude the opposite party no.2 to resume the conjugal life if she files such application before the learned court below then the petitioner will take her to her matrimonial house to keep her as wife with full dignity and honour. Amrendra/ ( Dinesh Kumar Singh, J) 3