IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12375 of 2005 MD.NEMAT @ BIHARI, son of late Abdul Rauf, resident of village Mohiuddinpur, P.S. – Warisnagar, District - Samastipur Versus 1. STATE OF BIHAR 2. Raushan Khatoon, Wife of Md. Nemat alias Bihari, village Mohiuddinpur, P.S. Warisnagar, District – Samastipur. ----------- 8/ 23.1.2009 None appears for the petitioner who was directed to be released on provisional bail on furnishing bail bond of Rs.6000 to the satisfaction of C.J.M., Samastipur in connection with Warisnagar P.S. Case no. 109 of 2004. The case is under sections 498A etc. I.P.C. and the court was attempting to take pains for reconciliation between the parties and as such, directed issuance of notice to the wife who was impleaded as O.P. No. 2. The petitioner after being admitted to provisional bail, did not file the requisites and necessary other instruments for issuing notice inspite of being directed to do it and continued on the privilege of being on provisional bail. The petition was dismissed as against him. It further appears that when the petitioner filed requisites and notice, the same was issued but on account of giving wrong address of the O.P. No. 2, the same could not be served. The petitioner was directed to file fresh requisites and notices with 2 correct address so that it could be issued properly. The petitioner did not comply with any of the orders, which appears passed on couple of occasions. Now the petitioner has chosen not to appear in this petition also. I have already recalled the order of provisional bail which was passed in favour of the petitioner on 29.4.2005 by a bench of this court on account of the attitude and conduct of the petitioner as indicated above. Let the C.J.M. Samastipur be directed to immediately issue warrant of arrest non bailable, against the petitioner so that he could be committed to custody. The petition is dismissed in its entirety. Anil/ ( Dharnidhar Jha,J )