IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1011 of 2011 Irfan Ahmad Khan son of Late Islam Khan, resident of Mohalla-Dahiyawa Near N.C.C.camp, P.S. ChapraTown,district- Chapra l(Saran). Versus 1. The State Of Bihar 2. Ejaj Afzal Khan son of Kalamuddin Khan, resident of Chaspatti, Rahmat Nagar, P.S. Hirapur (Bumpur) District-Burdhwan, West Bengal. ---------------------------------- 4. 24.8.2011. Heard learned counsel appearing on behalf of the parties. This application has been filed for cancellation of the order dated 10.12.2009 passed in CR.Misc.No.42107 of 2009, whereby bail was granted to the opposite party no.2 Ejaz Afzal Khan. It is contended that the opposite party has failed to honour the undertaking given by him before this court of keeping his wife with due care and dignity. On notice being issued, the opposite party no.2 has appeared and contested the case. When this matter was taken up on 10.8.2011, a positive undertaking was given by the informant-petitioner of the present case that his daughter, i.e the wife of the opposite party no.2 would be present before this court on 24.8.2011, in person. A similar undertaking was given by the opposite party no.2 of being present in the court and of taking his wife to her 2 matrimonial home, provided she was willing to accompany him. Today when the matter is taken up, although the opposite party no.2 the husband, in obedience of his undertaking before this court, is present, but neither the petitioner nor his daughter are present and a plea has been taken by the learned counsel for the petitioner that as there is marriage in the family of the informant petitioner, in the first week of September, 2011, hence, neither the petitioner nor his daughter could come. It is apparent that the petitioner does not want a peaceful resolution of the dispute. At least his actions do not support his intentions. This application is frivolous and is accordingly dismissed. Ahk (Jyoti Saran, J.)