IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51713 of 2007 DAYA SHANKAR KUMAR Versus STATE OF BIHAR ----------- 4/ 6-Aug-08 The order dated 27.2.2008 clearly shows that the petitioner had wrongly given an undertaking to this Court that he will take his wife with himself and keep her with honour. He has avoided to do so although for that purpose he was granted provisional bail for two months on 18.12.2007. The order passed on 27.2.2008 further shows that informant has filed counter affidavit giving details as to how the petitioner has been avoiding to take his wife to his house. On that date learned counsel for the petitioner prayed for some time to file a reply to the counter affidavit. Two weeks time was granted on the prayer of the learned counsel for the petitioner and the provisional bail granted to the 2 petitioner was continued till the next date. Now, when the matter was taken up after about six months, learned counsel for the petitioner submits that till date no reply has been filed on behalf of the petitioner to the counter affidavit of the informant. Such act of the petitioner itself confirms the allegation made by the informant in the counter affidavit. Clearly, the petitioner has obtained provisional bail by giving a false undertaking to this Court on 18.12.2007. Hence, the provisional bail granted to the petitioner by order dated 18.12.2007 is cancelled. The court below i.e. the court of learned CJM, Sitamarhi shall take immediate steps against the petitioner in connection with Parihar PS Case No.80/07 and cancel his bail bonds so that he may be taken back into the custody forthwith. 3 Petitioner’s prayer for regular bail as made in this application shall be considered by this Court only after he is taken into custoduy. perwez (Shiva Kirti Singh, J.)