IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56825 of 2007 Shauqat Khan, son of Salim Khan, village Matwalwa, PS Sikandra, District Jamui – petitioner. Vs. 1. The State of Bihar, 2. Rizwana Khatoon, wife of Shauqat Khan, daughter of Sadik Khan, village Nawab Toli, Sikandra, PS Sikandra, District Jamui – opp. parties. 4 6.4.2010 No one appears on behalf of opposite party no.2 to oppose this application although she has entered appearance through a counsel. Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 16.1.2007 passed by the Family Court, Jamui in Case No. 9M/2005 under section 125 of the Code of Criminal Procedure. Apparently the petitioner was not appearing in the case even to pursue the case for one reason or the other. As a result the case proceeded and three witnesses were examined on behalf of opposite party no.2. Thereafter, the petitioner has filed an application under section 126 of the Cr.P.C. praying therein that he may be permitted to appear in the case. The reason given by the petitioner is that he was on bail in a case instituted under section 498A of the Penal Code. However, the bail bond was cancelled by the High court and thereafter he was remanded back to custody. It is apparent from the pleadings that the petitioner is a labourer and works at Kolkata. In the circumstances I find that the cost of Rs. 5000/- is excessive to the extent that perhaps the petitioner 2 will not be able to pay the amount and thereby he will be debarred from pursuing the case under section 125 Cr.P.C. I, therefore, reduce the cost to Rs.1000/- to be paid to opposite party no.2 within a period of three months. In the mean time the petitioner will be permitted to pursue the case. I make it clear that if the petitioner does not appear in court to pursue the case, the court will continue with the proceeding and he would not be permitted to challenge the proceeding on the ground that the proceeding was ex parte. This application is disposed of with the aforesaid observations. haque (Sheema Ali Khan, J.)