IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23077 of 2008 SURON BISHWAS Versus STATE OF BIHAR ----------- 3 23/7/2008 Heard learned counsel for the petitioner and the State. Reference may be made to the earlier order dated 18.6.2008, pursuant thereto the petitioner has appeared in person but the opposite party no.2, solely on account of want of fund, has not appeared before this Court. It is unfortunate that despite a direction given to the petitioner in the earlier order of this Court for payment of amount to enable his wife to come this Court, such an amount had not been paid by him to his wife. Today a plea has been taken by the petitioner in person that he does not have funds to pay to his wife. Such defiant attitude and disobedience of the order of this Court only shows that the petitioner is not prepared to resolve his differences with the opposite party no.2 his wife and in fact wants to create obstacle in the matrimonial life. In that view of the matter, the allegation against the petitioner of causing both physical and mental cruelty to his wife does not seem to be without substance. Considering the fact that this Court had granted provisional bail to the petitioner by accepting and believing the assurance of his counsel that the petitioner was prepared to 2 resolve his dispute and differences with his wife but has now changed his stand, in as much as, he has not allowed his wife even to appear before this Court, this Court would taking into account serious nature of allegations both under section 494 and 498 A of the I.P.C. would reject his prayer for bail. Consequently the provisional bail granted to the petitioner by this Court in the order dated 18.6.2008 is hereby cancelled and he is directed to surrender before the court below on expiry of the period of provisional bail, i.e, on 31.7.2008. In the result, this bail application of the petitioner is dismissed in the light of aforesaid observation of this Court. ( Mihir Kumar Jha, J. ) Abhay Kumar