two consecutive order of high court patna .. please see carefully and advice me what percentage chances of bail from supreme court......
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56968 of 2018
Arising Out of PS. Case No.-213 Year-2018 Thana- SIKARPUR District- West Champaran
======================================================
Rajiv Chaurasiya @ Rajiv Kumar Chaurasiya son of Dinesh Prasad
Chaurasiya @ Dinesh Bhagat, resident of village Shantibag, Pandey Tola,
Police Station Shikarpur, District West Champaran
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Zainul Abedin, Advocate
For the State : Smt. Reena Sinha, APP
For the Informant : Mr. Siya Ram Shahi, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 12-09-2018 Heard learned counsel for the petitioner, learned APP for
the State and learned counsel for the informant.
The petitioner seeks bail in a case registered under
Sections 341, 342, 323, 324, 307, 504, 498A/34 of the Indian Penal
Code and ¾ of Dowry Prohibition Act.
Allegation against the petitioner is of committing torture
and assault upon the victim due to non-fulfilment of demand of
dowry.
It has been submitted on behalf of the petitioner that the
petitioner is in custody since 15.06.2018 and has got no criminal
antecedent. There is no allegation of tampering of witnesses alleged
against the petitioner. The petitioner has falsely been implicated in
the present case. The petitioner has relied upon the judgment of this
Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.
Following statement has been made in paragraph 14 of the
present application, which is as follows :
“14. That it is humbly submitted that the
petitioner is the husband of the informant and he is
ready to keep his wife with full honour and dignity
but due to dry and rigid attitude of the informant,
she always neglect the petitioner and other in-laws
members.”
On behalf of the State and learned counsel for the
informant, it is submitted that the petitioner is named in the
complaint case/F.I.R..
Considering the aforesaid facts and circumstances and the
submissions made in the present application, let the petitioner,
above named, be released on provisional bail on furnishing bail
bonds of Rs.10,000/- (Ten thousand) with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate, West
Champaran at Bettiah in connection with Shikarpur P.S. case No.213
of 2018.
List this matter on 27.09.2018. On that date, both the
parties will appear in the Court in person.
Narendra/- (Sudhir Singh, J)
2nd order
THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56968 of 2018
Arising Out of PS.Case No. -213 Year- 2018 Thana -SIKARPUR District-
WESTCHAMPARAN(BETTIAH)
======================================================
Rajiv Chaurasiya @ Rajiv Kumar Chaurasiya, S/o Dinesh Prasad
Chaurasiya @ Dinesh Bhagat, R/o Vill.- Shantibag, Pandey Tola, P.S.-
Shikarpur, District- West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Zainul Abedin, Advocate
For the Opposite Party/s : Smt. Reena Sinha, APP
For the informant : Mr. Siya Ram Shahi, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
4/ 10-10-2018 Heard learned counsel for the petitioner and learned
APP for the State as well as counsel for the informant.
The petitioner was granted provisional bail upon
giving statement that he is ready to keep the wife with full
honour and dignity.
The informant with her daughter is present in Court
today.
The petitioner (husband) is not ready to keep the
wife. The wife is ready to live with petitioner.
It appears that petitioner (husband) has given false
statement in Court earlier on 12.09.2018 to get provisional bail.
In view of such, provisional bail granted to the petitioner by order dated 12.09.2018 is hereby not confirmed.
This application is, accordingly, dismissed.
The Court below will cancel the bail bond of
petitioner and take appropriate action in accordance with law to
take the petitioner into judicial custody.
JA/-
(Sanjay Priya, J)
please advice me....
