IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18216 of 2010 Choudhary Punit Roy, son of Binod Roy, resident of Village & P.O. Shivram, P.S. Bahera, District Darbhanga. -------- Petitioner Versus 1. The State of Bihar. 2. Kanchan Jha, wife of Choudhary Punit Roy (daughter of Kumar Jha), resident of Village Darima, P.S. Kewati, District Darbhanga. -------- Opposite Parties ----------- 4 27.4.2011 Heard learned counsel for the parties. In this case, a prayer has been made for modification of the order dated 26.2.2010 passed in Misc. Cr. No. 33086 of 2009. It has been stated that though the petitioner was always eager to comply the said order but, the wife opposite party no.2 had refused to live together with the petitioner and that is how when the petitioner had gone to fetch her on 24.3.2010, she had flatly refused to accompany the petitioner. Counsel for the opposite party no.2 has vehemently denied this fact and would submit that opposite party no.2 is a married lady, who is always eager to live with her husband, the petitioner and, therefore, any sort of allegation made against the opposite party no.2 in the entire petition is wholly 2 mischievous. Considering the aforementioned stand of both the parties conveying at least this much that both of them still have the intention to live together, this Court had issued a direction for their personal appearance on 18.3.2011. The petitioner and the opposite party no.2 have appeared in person and have once again reiterated their faith in each other and their willingness to live together. The petitioner, in fact, has gone to convey his desire that if the opposite party no.2 so likes, he will take her to his place right now. The opposite party no.2 also has no reservation in accompanying the petitioner, her husband. In that view of the matter, this Court would direct the petitioner and the opposite party no.2 to appear before the court below on 3.5.2011, whereafter, the court below will proceed in the light of the direction already given in the order dated 26.2.2010. Counsel for the petitioner points out that the case number recorded in the 3 order dated 26.2.2010 has been wrongly recorded as Bahera P.S. Case No. 438 of 2008 which ought to have been Bahera P.S. Case No. 434 of 2008. That being the purely typographical error, this Court would direct that in the order dated 26.2.2010 in Cr. Misc. No. 33086 of 2009 at page no.2 in the last but second lines of paragraph no.1, the case number will be read as Bahera P.S. Case No. 434 of 2008 in place of Bahera P.S. Case No. 438 of 2008. With the aforementioned modifications in the order dated 26.2.2010 in Cr. Misc. No. 33086 of 2009 to the extent indicated above, this application is disposed of. The personal appearance of the petitioner and opposite party no.2 is dispensed with. Let a copy of this order be sent through FAX to the court of A.C.J.M., Benipur (Darbhanga), if the cost for the same is deposited by the counsel for the petitioner. Rsh (Mihir Kumar Jha, J.)