IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32249 of 2011 Sanjay Dubey Versus The State Of Bihar & Ors. ----------- 02 30.09.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. This modification petition has been filed in respect of order dated 26.11.2010 passed by this Court in Cr. Misc. No. 37217 of 2010 by which petitioner has been granted provisional bail in Complaint Case No. 258 C of 2010 pending in the court of Sub Divisional Judicial Magistrate, Bagha, West Champaran for the purposes of reconciliation between the petitioner and complainant of the aforesaid case. It is pointed out by learned counsel for the petitioner that the above stated order dated 26.11.2010 passed in Cr. Misc. No. 37217 of 2010 was received in the court below on 05.04.2011 and in the meantime, on 03.04.2011, the period of provisional bail was extended by this Court in Cr. Misc. No. 10459 of 2011 and the order dated 03.04.2011 passed in Cr. Misc. No. 10459 of 2011 was received in the court below on 17.05.2011 but complainant did not appear before the court below on 03.05.2011 and 05.07.2011. So, in the aforesaid circumstance, the period of provisional bail granted to the petitioner should be extended. It would appear from perusal of Photostat copy of ordersheets of complaint case no. 258 C of 2010 that order dated 26.11.2010 passed in Cr. Misc. No. 37217 of 2010 was received in the 2 court below on 05.04.2011 but the learned Sub Divisional Judicial Magistrate, Bagha, West Champaran simply kept the aforesaid order on his record and no step was taken by him in the light of above stated order. Furthermore, the modification order passed on 05.04.2011 in Cr. Misc. No. 10459 of 2011 was received in the court of Sub Divisional Judicial Magistrate, Bagha, West Champaran on 17.05.2011. Again the aforesaid officer did the same act and kept the aforesaid order on his record and no step was taken by him in the light of order dated 26.11.2010 passed in Cr. Misc. No. 37217 of 2010, particularly, in the circumstance, when there was specific direction to Sub Divisional Judicial Magistrate, Bagha, West Champaran to explore the possibilities of reconciliation between the parties by issuing a notice to complainant fixing a date for reconciliation. It is very unfortunate that in spite of specific direction of this Court, the concerned officer did not take any pain to proceed with the case in the light of observations/directions given in order dated 26.11.2010 passed in Cr. Misc. No. 37217 of 2010. Furthermore, it appears to me that the above stated fact was also not brought to the notice of court by the petitioner and furthermore, it appears to me that petitioner is only interested to enjoy the privilege of provisional bail and he is not interested in reconciliation. Moreover, I think it proper to give one more chance to petitioner as well as to the concerned court to explore the possibilities of reconciliation between the parties. Accordingly, the period of provisional bail granted to the petitioner vide order dated 26.11.2010 passed in Cr. Misc. No. 3 37217 of 2010 is extended for further period of three months from today with direction to the concerned court to proceed with the case in the light of directions/observations given in order dated 26.11.2010 passed in Cr. Misc. No. 37217 of 2010. In the aforesaid circumstance, this modification petition stands disposed of. SHAHZAD ( Hemant Kumar Srivastava, J.)