IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6900 of 2010 ANANT PODDAR SON OF SHIVJI PODDAR, RESIDENT OF N.L.L. COLONY, MERADO, H (V) PUNE- 411009, P.S. CHOUHAN NAGAR, DISTRICT- PUNE ( MAHARASHTRA), A PRESENT PADRI KI HAWEL, P.S. KHAJEKALAN, DISTRICT PATNA. Versus 1. STATE OF BIHAR 2. Amita Poddar daughter of Sri Ramchandra Poddar, resident of Mohall Mir Gulabi Bag, P.S. Khajekalan, Patna. ----------- 6/ 18-08-2010 Heard the parties. In a criminal prosecution under section 498A/34 of the Indian Penal Code, which is based on a complaint petition, petitioner is said to be the husband of one Amita Poddar daughter of the complainant. In the complaint petition there is allegation that the petitioner developed illicit relationship with another girl and on being protested by the wife. she was allegedly tortured and ousted from her matrimonial house by the accused persons. In the present case by order dated 26.02.2010 while issuing notice to the victim, i.e., wife of the petitioner, he was granted provisional bail for a period of three months with a hope that on appearance of Opposite Party No.2, endeavour shall be made for some sort of compromise between the wife and husband. Despite service of notice, opposite party no.2 did not appear in the present case and, therefore, by order dated 30.06.2010 fresh notice was issued to Opposite party no.2. In the meantime, after expiry of the period of provisional bail the 2 petitioner surrendered once again on 23.06.2010. The notice issued afresh was validly served upon opposite party No. 2 and she has appeared in the present case through a lawyer but unfortunately despite repeated calls, nobody has appeared on behalf of Opposite Party No.2 to oppose the prayer for bail made on behalf of the petitioner. It is submitted that the petitioner has altogether remained in judicial custody for about six months and in view of rigid stand of opposite party no.2, there is no possibility of reconciliation between the parties. Taking into consideration the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri R.K.P. Bharti, Judicial Magistrate, Ist Class, Patna City in connection with C.A. Case No. 137 (C) of 2008. BTiwary ( Birendra Prasad Verma, J)