IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33935 of 2010 ====================================================== Chandra Shekhar Sah @ Munna Sah, son of Bishwanath Prasad @ Bishwanath Sah, resident of Vill. Srisiya, P.S. Kathaiya, Distt. Muzaffarpur. .... .... Petitioner/s Versus 1. State of Bihar. 2. Sima Devi, wife of the petitioner and daughter of Sri Ramdeo Sah. At present resident of Vill. Paru Babu Tola, P.S. Paru, Distt. Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Kanhaiya Pd. Singh, Sr. Advocate with Mr. Sanjay Kumar @ S.K., Advocate For the State : Gulnar Begum, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 7/ 16-09-2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Despite valid service of notice, opposite party no.2 has chosen not to appear and contest the matter. In a criminal prosecution under Section 498A of the Indian Penal Code as also under Section 3/4 of the Dowry Prohibition Act, the petitioner was granted provisional bail for a period of three months by order dated 15.09.2010 passed by this Court in the present proceeding and notice was issued to the Patna High Court Cr.Misc. No.33935 of 2010 (7) dt.16-09-2011 2 opposite party no.2, Sima Devi (the Complainant). From the order sheet, I find that notice had been issued twice by ordinary process as also by registered post with A/D and finally service of notice upon opposite party no.2 was accepted to be valid by an order dated 02.09.2011. Learned counsel for the petitioner submits that opposite party no. 2 has solemnised another marriage and now she is living somewhere in Assam. She is not interested in opposing the prayer for bail in the present proceeding or pursuing the litigation in the court below. In the aforesaid facts and circumstances, provisional bail granted to the petitioner by order dated 15.09.2010 is hereby confirmed. The petition stands finally disposed of. Anjani /- (Birendra Prasad Verma, J)