Chandan Paswan @ Jaikar Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31098 of 2014 Arising Out of PS.Case No. -25 Year- 2014 Thana -MAHILA P.S. District- SEKHPURA =========================================================== Chandan Paswan @ Jaikar Paswan, Son of Madan Paswan @ Madan Kumar Paswan @ Padarath Paswan, Resident of Mohalla- Chandani Chowk behind Cinema hall, Bangalipar, P.S.- sheikhpura, District- Sheikhpura .... .... Petitioner/s

Versus

1. The State of Bihar

2. Shila Kumari @ Devi, Wife of Chandan Paswan @ Jaikar Paswan, Daughter of Kauleshwar Paswan Resident of village- Bighapur Hussainabad, P.S.- Ariyari, District- Sheikhpura. At present resident of Mohalla- Lothabad, New Drift, 40 Dhaura, P.S.- Putki, District- Dhanbad (Jharkhand). .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s :

For the Opposite Party/s :

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 03-02-2016 Heard learned counsel for the parties.

The Court, on 20.01.2016, had recorded in detail about the conduct of the petitioner of having misled the Court both on affidavit in the pleading and also by taking stand during the course of arguments with regard to him not having performed second marriage. The same having been found to be patently false and the second marriage having taken place on 07.05.2014, which is prior to even filing of the present bail application, leaves the Court with no doubt that the petitioner has not only deliberately suppressed vital facts but

Patna High Court Cr.Misc. No.31098 of 2014 dt.03-02-2016 2/2 has also misled the Court by taking undue advantage on such misrepresentation.

Accordingly, the Court finds it proper to cancel the provisional bail granted to the petitioner on 18.09.2014. The petitioner, who is present in Court, shall surrender before the court below latest by 6th February, 2016, failing which the court below shall submit a report as to whether the petitioner has complied with the said direction.

If the court below reports that the petitioner has not surrendered, the Registry shall place the matter before the Court under the heading "For Orders".

The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J) Sujit/- U