IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10884 of 2010 SHYAM DAYAL RAM, Son of Charitar Ram, resident of village Mansarpur, P.S. Zero Mile, Bhagalpur, District Bhagalpur …… Petitioner Versus 1. STATE OF BIHAR 2. Rubi Devi, D/o Kishun Singh, R/o Bekapur, P.S. Kotwali, District Munger ….Opposite Parties ----------- For the petitioner : Mr. Amar Nath Mishra, Advocate For the State : Mr. Satendra Nr. Singh, A.P.P. ---- 12 16.09.2010 Learned counsel for the petitioner files supplementary affidavit. Heard learned counsel for the petitioner and learned A.P.P. for the State. No one appears on behalf of the informant-opposite party no. 2. On earlier occasion also when the case was taken up on 25.8.2010, none had appeared on behalf of opposite party no. 2. Learned counsel for the petitioner submits that in the concerned matrimonial case a compromise petition was filed, which has been appended as Annexure 3 to the reply on behalf of the petitioner to the counter affidavit filed by the opposite party no. 2. It has been stated therein that both the parties want to live separately as a 2 compromise has been arrived between them that for maintenance the petitioner will pay Rs. 25,000/- and return all the articles, which was given to the informant-opposite party no. 2 by way of presentation and gift which stand mentioned in the compromise petition. It has further been stated that the petitioner has already deposited Rs. 25,000/-, by way of a demand draft before the Family Court in supported of which a xerox copy of demand draft has been annexed as Annexure 4. The petitioner also submits that a joint compromise petition has been filed in the present case also before the S.D.J.M., Munger. Learned counsel also contended that a copy of the supplementary affidavit was tried to be served upon the learned counsel for the informant – opposite party no. 2 but he has refused to accept the same, thus, in the aforesaid case a supplementary affidavit has been filed only after serving a copy upon the State of Bihar. In above view of the matter and the subsequent development as has been stated by the 3 petitioner in his further affidavits along with copies of the documents in support of such contention, provisional bail granted to the petitioner vide order dated 8.4.2010 is hereby made absolute. This application, accordingly, stands disposed of. Spd/- (Dr. Ravi Ranjan, J.)