IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.619 of 2009 Ajai Kumar Sah @ Ajai Prasad Sah, son of Dina Nath Prasad, resident of village-Chauradano Bhelwa, P.S. chauradano, East Champaran …Petitioner Versus 1. The State Of Bihar 2. Usha Devi, d/o Jhotilal Sah, residence of village Chauradano Bhelwa, Ward No.9, P.S. Ghorasahan, East Champaran …Opposite parties For the petitioner :Mr. U.S.Verma For the State :Mr. Harendra Prasad, APP ----------- 04. 28.06.2011 In spite of service of notice, o.p.no.2 has not appeared to oppose the application. It is submitted that petitioner is under detention since 25.02.2011. Learned counsel for the petitioner submits that an application was filed on behalf of the petitioner on 15.01.2009 (Annexure-5) for modification which has not been disposed of by learned court below. It was also contended that the proceeding has substantially progressed and is likely to be finally disposed of. Since o.p.no.2 has not appeared to oppose the relief(s) prayed for in the application, this Court, in the facts and circumstances of the case, directs release of the petitioner abovenamed provisionally for a period of three months or till the disposal of the proceeding finally, whichever is earlier, on depositing Rs. 15,000/- within two weeks from today. This court clarifies that if the said amount is deposited in the court 2 below for the use of o.p.no.2 and/or paid by bank instrument, the petitioner shall be released on furnishing personal surety/security and/or bail bonds of an appropriate amount to be determined by the court to his own satisfaction(Principal Judge, Family Court, Motihari, East Champaran) in connection with Misc. Case No.165/2007 for a period of 03 months therefrom and/or final disposal of the proceeding, whichever is earlier. This Court expects that the matter, in the meanwhile, shall finally be decided. The petitioner shall be at liberty to press his application dated 15.01.2009. The application stands disposed of. Let a copy of this order be communicated to the court below at the cost of the petitioner. hr ( Kishore K. Mandal )