IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31619 of 2008 SUNIL RAJAK Versus THE STATE OF BIHAR ----------- 2. 20.8.2008 Heard. Under the facts of the case and in the light of the allegations this court is not inclined to direct the release of the petitioner on bail. Petition is dismissed. However, it appears from the rejection order that the learned Judge had issued a notice to the complainant but she did not appear. I could direct the S.D.J.M. Vaishali at Hajipur (Complaint Case no.C1-2365 of 2006) to issue a notice through Nazarath as also through the police where the lady is residing in the house of her father and whose address shall be furnished by the petitioner’s counsel to the learned S.D.J.M. for fixing a date for her appearance. The S.D.J.M. may also draw an order that the lady is required to appear on the date which could be fixed in the notice issued to her because it is a complaint case and show it to her counsel. The day on which the lady is required to appear the petitioner shall also produce before the court below and the learned S.D.J.M. shall sit with the parties in his Chambers on one date but on as many dates as 2 could be required by the learned S.D.J.M. under his prudence to sit with the parties so as to exploring the possibility of rejoining the parties by reconciling them through usual happy days. In case the lady appears unreasonably refusing or putting conditions which no reasonable person could accept the petitioner shall be released on bail. In case the petitioner shows his willingness and appears really willing to take back the lady but the lady refuses to go with the petitioner for no reasonable cause then also the petitioner shall be released on bail. In case she does not appear even on notice the learned S.D.J.M. shall be free in using his discretionary powers to release the petitioner on bail. B.Kr. ( Dharnidhar Jha, J. )