IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5112 of 2010 MANOJ KUMAR SAH Versus STATE OF BIHAR For the Petitioner: Mr. Sunil Kumar Pathak, Advocate ----------- 8 04.08.2010 Heard learned counsel for the petitioner. None appears either for the State or for the informant-opposite party no. 2. Earlier on three occasions i.e. on 30.06.2010, 14.07.2010 and 21.07.2010 time was granted to the informant-opposite party no. 2 for filing necessary affidavit, as the petitioner has stated that he is ready to keep his wife. However, despite several indulgences granted neither there is an affidavit on record nor is the learned counsel for the informant is present. It is submitted on behalf of the petitioner that notice was sent to the informant by the court below also at the time of consideration of his bail application. However, before the court below also the informant did not choose to appear. It is further submitted that the petitioner has already remained in custody for more than four months, as he was in jail 2 since 06.11.2009 till his release on provisional bail pursuant to the order dated 15.03.2010. In the above view of the matter, the provisional bail granted to the petitioner is made absolute. SC ( Dr. Ravi Ranjan, J.)