IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51250 of 2008 AWADH KISHORE SINGH, S/o Neeras Singh, Resident of Village – Khamhar, P.S. – Muffassil, District - Begusarai Versus THE STATE OF BIHAR ----------- 2. 22.01.2009 Heard Sri A.K. Thakur, Sr. Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The order of the learned Sessions Judge dated 5.12.2008 indicates that the petitioner gave an undertaking of taking back the wife only because he was to procure a provisional order of bail. This record appears made by the learned Sessions Judge in view of his order to the petitioner to appear on 5.12.2008 with the wife. The wife did not appear before the court. I hold that the learned Sessions Judge ought to have acted some more mode of option and ought to have issued notice to the lady either through her counsel or directly to her by another mode of issuance and ought to have verified the statement of the petitioner and then should have pass an order ultimately on merits of the petition. I could direct the Sessions Judge, Begusarai to re-hear the matter, i.e., Bail Application No. 1730 of 2008 by restoring to its original number and file by giving a notice to Smt. Vandana Kumari - 2 - at the appropriate address which may be appearing in the Vakalatnama, which could have filed before the Court of Sessions Judge in the above noted bail application. Besides, learned Sessions Judge may issue notices through the Officer-in-charge of Barauni police station, which is investigated Barauni (F.C.I.) P.S. Case No. 163 of 2008 for producing the lady and her brother in the court, so that the court could know the story of both the sides, which may be essential for it to know in taking a final decision in the matter. If need be the learned Sessions Judge could sit in his chambers to explore the possibility of reconciling the parties to their usual married status and for that the learned Sessions Judge could pass any order which he deems fit under the circumstances without feeling any obstruction on account of petitioner approaching this court. This petition is disposed of with the above direction. Let this order be communicated through Fax at the cost of the petitioner. DKS/ (Dharnidhar Jha, J.)