IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31336 of 2010 Md. Chand @ Md. Chand Hussain @ Kitabul Hassan son of Md. Mokhtar, resident of village- Saidan Chak, Chhoti Ballia, P.S. Ballia, District Begusarai. ------ Petitioner. Versus 1. The State of Bihar. 2. Kulsum Khatoon wife of Md. Chand @ Md. Chand kHussain @ Kitabul Hassan, daughter of Abdul Jabbar, resident of village- Kurha Ummar Tol, P.S. Sahebpur Kamal, District- Begusarai --- Opp. Parties. ----------- 5/ 19-01-2011 Heard learned counsel appearing on behalf of the petitioner, learned Additional Public Prosecutor for the State as also learned counsel appearing on behalf of opposite party no.2. 2. By order dated 25.08.2010 while issuing show cause notice to opposite party no.2 the petitioner was granted provisional bail in connection with Complaint Case No. 1476C of 2009 dated 09.06.2009 with respect to criminal prosecution under section 498A of the Indian Penal Code and section 4 of the Dowry Prohibition Act. 3. Pursuant to the order dated 25.08.2010, opposite party no.2 has entered appearance through lawyer by filing a duly executed vakalatnama. However, no counter-affidavit/ show-cause has been filed on behalf of opposite party no.2, disputing the averments made either in the main petition or in the supplementary affidavits filed today in the court, copies of which have already been served upon the learned counsel appearing on behalf of opposite party no.2. 2 4. From the materials available on record, it appears that the learned court below had passed an order for reconciliation of the dispute between the petitioner and opposite party no.2 and a lawyer was appointed as a mediator. Aforesaid mediator has submitted his report vide Annexure-6 from which it appears that opposite party no.2 is not prepared to live with the petitioner and she wants divorce. It has been further stated that in view of expiry of the period of provisional bail, the petitioner has voluntarily surrendered in the court below on 13.01.2011 and has been remanded in judicial custody. 5. In view of recalcitrant approach of opposite party no.2, this Court is of the considered opinion that no useful purpose would be served by keeping the matter pending any longer. 6. In the aforesaid facts and circumstances, the prayer for bail made on behalf of the petitioner is allowed. The above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Subdivisional Judicial Magistrate, Begusarai in Complaint Case No. 1476C /2009, dated 09.06.2009. BTiwary/ ( Birendra Prasad Verma, J.)