IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6746 of 2008 ANIL SINGH SON OF REJENDRA SINGH, RESIDENT OF VILLAGE-WAJITPUR, POLICE STATION-UJIARPUR, DISTRICT-SAMASTIPUR. -PETITIONER Versus THE STATE OF BIHAR -OPPOSITE PARTY ______ For the Petitioner : Mr. Shyam Sunder Sinha Shyam For the opp. Party : Mr. Nityanand Tiwary, APP 3 23.04.2010 Heard learned counsel for the petitioner and the State. This application has been filed for quashing of order dated 15th December, 2006 passed by Additional Sessions Judge, Fast Track Court, V, Vaishali at Hajipur in Sessions Trial no. 52 of 2006 refusing to recall prosecution witnesses no.4, 5 and 6 for further cross examination on the point of compromise arrived at between the parties before the court below under Sections 498(A), 323, 406/34 and 307 of the Indian Penal Code. Attention of this court was drawn towards orders of this Court passed in Cr.Misc. no. 30028 of 2008 2 initially releasing the petitioners on provisional bail which was subsequently confirmed vide order dated 17th November, 2008. It is submitted that on the basis of amicable settlement between the parties the petitioner was granted the privilege of bail. During the course of hearing the lady, that is wife of this petitioner, was also present in Court and the couple expressed their willingness to live their matrimonial life happily. On the basis thereof, with certain observations and liberty to the wife, the provisional bail granted earlier was confirmed. The instant application was filed prior to filing of Criminal Miscellaneous, aforementioned, and the petitioner was, at the time of filing of this application, in custody. Now situation has changed. He is enlarged on bail wherein settlement with the parties was prime consideration for the Court passing earlier orders. Taking into consideration the changed circumstances, I find it unnecessary to get the lady impleaded in this case as opposite party or notice to her. However, the interest of justice may be served if the court below call the lady herself in the Court and on recording her statement on the point of compromise and present matrimonial status, pass 3 appropriate order in the case pending before it. With the observation this application stands disposed of. (Akhilesh Chandra, J.) AAhmad