IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34411 of 2010 MD. MASROOR ALAM, SON OF MD. MURTUZA, RESIDENT OF VILLAGE GURDASPUR, P.S. MANSOOR CHAK, DISTT. BEGUSARAI. ------- PETITIONER. Versus 1. THE STATE OF BIHAR 2. MONIA KHATOON, WIFE OF MD. MASROOR ALAM, DAUGHTER OF MD. IQBAL, RESIDENT OF VILLAGE NIGA TOLA, SAKHARA, P.S. BARAUNI, DISTT. BEGUSARAI. -------- OPPOSITE PARTIES. ----------- 2. 05.10.2010 Heard the parties. The petitioner was granted bail by an order dated 24.4.2009 vide Cr. Misc. 46401 of 2008 in Barauni P.S. Case No. 48 of 2008 on condition that he would attempt to resolve the issue with his wife and in case it is done, the petitioner’s bail shall be confirmed or else the court below would be at liberty to pass an appropriate order in accordance with law considering the reasonableness of the stand of the parties. It has been submitted that despite this specific direction, the court below without considering the rival submissions or the stand of the parties, cancelled the bail because the matter could not be resolved. Considering the impugned order, the application is allowed and the order dated 26.7.2010 passed by Sub Divisional Judicial Magistrate, Begusarai, in Barauni P.S. Case No. 48 of 2008 (G.R. No. 491 of 2008) is hereby set aside. The provisional bail granted to the petitioner shall be confirmed. S.Ali ( Anjana Prakash, J.)