IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29897 of 2008 DAYA KANT TIWARY @ BACHCHA SON OF MADAN TIWARY RESIDENT OF VILLAGE BASWARIYA,P.S.BETTIAH TOWN,DISTT. WEST CHAMPARAN Versus STATE OF BIHAR & SUNITA DEVI ----------- 6/ 30.6.2009 Learned counsel of the petitioner, learned Addl.P.P. and learned counsel appearing for opposite party no.2 are present. The petitioner apprehends his arrest in Complaint Case No. 2695-C of 2004 (Trial No. 217 of 2006). After going through the record it appears that on 15.1.2009, the petitioner and opposite party no.2 Sunita Devi were directed to remain present in Chambers on 15th May,2009 at 1.55 P.M. again and on that date final order would be passed but inadvertently the order which was passed granting anticipatory bail to the petitioner of Cr.Misc.No. 37490 of 2008 was recorded in this case because that case was also listed on the said date. Thereafter the said order dated 15.1.2009 granting anticipatory bail to the petitioner was modified by order dated 15.5.2009 and it was directed that the case be placed on 25th June,2009 in Chambers at 1.55 P.M., on which date the petitioner and the complainant-opposite party no.2 were not required to be personally present. Today when the present case was taken up in Chambers in presence of the lawyers for the parties, a letter of Sub-Divisional Judicial Magistrate, Bettiah, West Champaran with forwarding letter of District & Sessions Judge, West Champaran, Bettiah was placed, which has been sent for some clarifications. 2 From the letter of the Sub-Divisional Judicial Magistrate, Bettiah, it appears that in view of the order of this Court dated 15.1.2009, the bail bond furnished by the petitioner Daya Kant Tiwary alias Bachcha has been accepted in Compalint Case No. 2695-C of 2004 on 2.2.2009 and he has been released on bail though in terms of the modified order dated 15.5.2009, this application had remained pending. It has been submitted on behalf of both the parties that the petitioner and the complainant are living happily together and there is no grievance against each other. Taking into consideration all the facts and circumstances of the case, this application is allowed and as the petitioner has already been released earlier on furnishing bail bond, there is no need to pass fresh order for granting anticipatory bail or for furnishing fresh bail bond. Let a copy of this order be transmitted to Sub-Divisional Judicial Magistrate, Bettiah, West Champaran through FAX for needful. Tahir/- ( Shyam Kishore Sharma, J.)