IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21764 of 2009 Naaz Shirin wife of Salim Sahzada, R/o Mohalla Tatarpur, P.S.Tatarpur and dist. Bhagalpur ...Petitioner Versus 1. State of Bihar 2. Salim Sahzada son of Late Kamriddin 3. Md. Minhaz s/o Late Kamruddin 4. Md. Mehboob Alam son of Late Kamruddin 5. Md. Prince son of late Kamruddin 6. Bibi Mehroon Nisha wife of Late Kamruddin 7. Md. Abbas son late Abdul Razak, all resident mohalla Tatarpur, P.S.Kotwali, district Bhagalpur …Opposite parties ----- 02. 29.06.2011 Heard. Petitioner is the informant and seeks cancellation of privilege of bail granted in favour of o.p.nos. 2 to 7 in a case lodged under section 498A IPC. It is contended that the informant had to lodge two police cases. In previous case, bail was granted in favour of opposite parties on an understanding that both parties shall live together. Subsequently, the petitioner was putting up in a rental house with the husband when she was subjected to torture leading to filing of another case on 13.03.2008. Prayer for anticipatory bail was made on behalf of husband and in-laws. Learned Sessions Judge granted provisional bail which was subsequently confirmed by order dated 15.9.2008. Referring to sub-section 5 of section 437 Cr. P.C. it is submitted that privilege of bail made in favour of opposite parties deserves to be withdrawn/cancelled. For cancellation of bail, the court has to take into 2 account few circumstances which is/are not seen from the records of the case. Breach of undertaking in such circumstance, in my view, would not entail cancellation of bail. It is not the case of the petitioner that subsequent to their release on the second time they were made accused(s) of criminal case at the instance of the informant. It also does not appear that any attempt has been made on behalf of the opposite parties to tamper with the evidence and/or there is any chance of their absconding or running away from the jurisdiction of the court. In my view, based on pleadings on record, no case for cancellation of bail is made out. The application is dismissed. hr ( Kishore K. Mandal )