Patna High CourtCR. MISC./4498/2017dismissed

Rishikesh Kumar @ Rishikesh Prasad v. State Of Bihar And ANR

2017-07-13Mr. Justice Sanjay Priya2 pages

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 ======================================================

1. Rishikesh Kumar @ Rishikesh Prasad, son of Birendra Kumar @ Birendra Mahto, resident of Village- Billori, P.S.- Lakhisarai, DistrictLakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sangeeta Devi, w/o Sri Rishikesh Kumar @ Rishikesh Prasad and daughter of Kishori Mahto, resident of village- Billori, P.S.- Lakhisarai, District- Lakhisarai at present residing at Manpur, P.S.- Chandradeep, District- Jamui.

.... .... 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 2/2 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