IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53239 of 2007 SANGEETA DEVI Versus THE STATE OF BIHAR & ANR ----------- 5 13.8.2008 Heard learned counsel for the petitioner (complainant) and learned counsel for the State. This petition has been filed for cancellation of order of this court dated 1.6.2007 passed in Cr. Misc.no.23398 of 2007 (Annexure 1) on the basis of which opposite party no.2 was enlarged on anticipatory bail. By order dated 23.1.2008 notices were issued to opposite party no.2 by both the processes where after he appeared through his counsel Mr Anjani Kumar Sinha no.1, Advocate. When the case was taken up on 6.8.2008 no one appeared on behalf of opposite party no.2 although learned counsel for the petitioner was present and the case was adjourned. Today also when the case is called out learned counsel for the petitioner as well as learned counsel for the State is present but no one appears on behalf of opposite party no.2, Manish Bind. Learned counsel for the petitioner submits that by the aforesaid order dated 1.6.2007 petition for anticipatory 2 bail of opposite party no.2 was allowed on a condition that Opposite party no.2 will keep the complainant as his legal married wife with full care, security and dignity, failing which the complainant may move this court for cancellation of that order. Learned counsel for the petitioner avers that after getting anticipatory bail and after furnishing bail bond opposite party no.2 fled away without taking any step with respect to the undertaking given by him before this court and hence he violated not only his own undertaking but also specific order of this court. He further submits that after furnishing bail bond in June, 2007 opposite party no.2 has fled away and is not appearing in the court below in spite of repeated orders as would be clear from the orders of the learned court below (Annexures 4 and 5). Hence it is submitted that opposite party no.2 has also violated the specific provision of law. Although vakalatnama has been filed on behalf of the opposite party no.2 but neither any reply has been filed by him nor any one has appeared before the court to controvert the statements made in the petition. 3 Accordingly, this petition is allowed and the order dated 1.6.2007 passed in Cr. Misc. no.23398 of 2007 is recalled and the bail granted to opposite party no.2 (Manish Bind) is hereby cancelled. The court below is directed to take all coercive steps to arrest him immediately without any delay. shahid (S.N.Hussain, J)