IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36022 of 2008 MAHESH KUSWAHA, SON OF SRI CHANDRIKA KUSHWAHA @ CHANDRIKA MAHTO, RESIDENT OF VILLAGE SISWANIYA, POLICE STATION-THAKARAHA, DISTRICT -WEST CHAMPARAN ………. PETITIONER Versus 01. THE STATE OF BIHAR ………. OPPOSITE PARTY 02. ZAANTI DEVI, D/O SRI RAMYAGEYA KUSHWAHA, VILLAGE SISWANIY, P.S.- THAKRAHA, P.O.- SRINAGAR, DISTRICT- WEST CHAMPARAN ……….. OPP. P. NO.2 For the Petitioner:- Mr. L.K. Yadav, Advocate For the State:- Mr. Arun Kr. Singh-I, A.P.P. ----------- 06 09.01.2009 Heard. Perused the report dated 5th January, 2009 of the District & Sessions Judge, West Champaran, Bettiah. Mr. L.K. Yadav, Advocate appears on behalf of the petitioner. Petitioner is also present in person whereas the Opposite Party No.2 has neither appeared in person nor is being represented by any Counsel despite of valid service of notice as well as order of this Court directing her to appear in person. Learned counsel for the petitioner submits that soon after filing of a Complaint Case No. C78 of 2007 (corresponding Trial No. 1666 of 2008), the complainant also filed a case under Section 13 of the Hindu Marriage Act, 1955 for annulment of marriage. According to the petitioner, bare reading of the aforesaid petition, which has been brought on record vide Annexure-2, reveals that substance of - 2 - accusation differs from the allegation made in the complaint case. He also contends that it is apparent from Annexure-3 that the Opposite Party was present in person before the Magistrate and she has stated that she is living at her parent’s place and the matrimonial tie stands practically broken. It also appears that a compromise petition was also filed. The petitioner was granted provisional bail by the order dated 28.8.2008 in this case. In the facts and circumstances of the case, the provisional bail granted to the petitioner namely Mahesh Kuswaha, in connection with Complaint Case No. 78 of 2007 to the satisfaction of Sub- Divisional Judicial Magistrate, Bagaha, District West Champaran, by the order dated 28.8.2008 is made absolute. P.K. (Dr. Ravi Ranjan, J.)