IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.551 of 2009 RABINDRA NATH JHA S/O SRI JAGDISH NATH JHA --- PETITIONER Versus 1. THE STATE OF BIHAR 2. ANUPAM JHA D/O RAM PRABODH JHA --- OPP. PARTIES. For the Petitioner : Mr. Vivek Prasad, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ----------- 02 10.11.2010 While assailing the order dated 21.01.2009 passed by learned Additional District & Sessions Judge-IV, Patna in Cr. Appeal no. 31 of 2008, it is contended that in terms of direction of the learned lower appellate Court contained in paragraph no.5 of the order impugned learned Magistrate should first afford opportunity of hearing to both the parties and thereafter if need be evolved the scheme in terms of the directions contained in paragraph no.5 of the order impugned. It is the stand of the petitioner that the same would be in the interest of the son of the petitioner for whom the directions have been issued. It is seen from paragraph no. 5 of the order that the matter has been remanded back to the learned Magistrate for consideration of the application afresh preferred by opposite party no.2 . It is also found therefrom that learned Court below has been directed to consider and settle the scheme as to how and where the appellant/opposite party no.2 shall meet her son. The stand of the petitioner is that such scheme should be evolved after hearing the petitioner. In my view, the stand of the petitioner appears to be justified. Learned Court below shall first afford 2 opportunity of hearing to the petitioner ( father of the son) thereafter proceed and evolve a scheme in terms of the order impugned keeping in focus the interest and welfare of the son. The direction issued by learned lower appellate Court and contained in paragraph no. 5 is clarified/modified to that extent. The application is disposed of Sym ( Kishore K. Mandal, J.)