Hon'ble Justice Sanjay Priya cancelled the provisional bail granted to a petitioner who had made a false statement about attempting an amicable settlement with his wife. Notice was given to arrest him.
Provisional bail granted by order dated 27.02.2017 is cancelled and the petitioner is directed to be taken in custody.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4498 of 2017
Arising Out of PS.Case No. -1955 Year- 2015 Thana -COMPLAINT CASE District- JAMUI
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Versus
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Samir Kumar Sinha, Advocate For the Opposite Party/s : Smt. Pronati Singh, APP Mr. Dewanand Tiwari, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
7/ 13-07-2017 Heard learned counsel for the Petitioner and the State as well as counsel for the Opposite Party No.2.
Both husband and wife have appeared in Chambers. By order dated 27.02.2017, the petitioner was granted provisional bail since it was submitted at the time of hearing of the application that after release from custody the petitioner will try to arrive at amicable settlement with the wife.
It has been submitted on behalf of the Opposite Party No.2 that after being released from custody the petitioner never took any serious efforts to resolve the dispute. It has also been submitted that the petitioner has performed second
Patna High Court Cr.Misc. No.4498 of 2017 (7) dt.13-07-2017
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marriage. Petitioner is totally neglecting his wife and minor daughter.
In such circumstances, provisional bail granted to the petitioner by order dated 27.02.2017 in connection with Complaint Case No.1955-C of 2015 to the satisfaction of the Sub-Divisional Judicial Magistrate, Jamui, is hereby cancelled since wrong statement was made before this Court that he will try to arrive at amicable settlement.
The Trial Court will take appropriate steps to take the petitioner in custody.
The application is, accordingly, disposed off.
(Sanjay Priya, J)
JA/-
U T
1 issue framed by the court
Whether the provisionally granted bail to the petitioner, based on an undertaking of amicable settlement with the wife, should be cancelled.
Rishikesh Kumar @ Rishikesh Prasad
The State of Bihar
Sangeeta Devi
Sanjay Priya
As recorded by the court registry
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