IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24103 of 2008 SHANTI DEVI Versus 1. THE STATE OF BIHAR 2. NAND SAH 3. MANGAR DAS 4. BUDHAN DAS 5. NATWAN SAH 6. JAGAT MEHTA 7. SITARAM SAH 8. BIRENDRA SINGH 9. SURENDRA SAH 10. MADHWENDRA SINGH 11. SURESH SINGH 12. RAM LAGAN SINGH For the petitioner : Mr. Pramod Kumar ----------- 2 05.01.2009 Heard. The petitioner seeks cancellation of bail. It appears that the petitioner has filed a complaint case under section 384 of Indian Penal Code in which the learned Judicial Magistrate, Sitamarhi after hearing the parties, granted bail to the opposite parties under orders dated 16.4.2008 and 17.4.2008. The ground taken for cancellation of bail is that some of the accused persons (O.Ps herein) involved themselves in a marpit in the court campus. It appears that the said fact was brought to the notice of the court by filing an application and subsequently a complaint has also been lodged in the court of learned Chief Judicial Magistrate, Sitamarhi. This Court is not able to appreciate the said submission of the petitioner as the fate of the complaint allegedly lodged by the petitioner is not disclosed in the petition. Even if it is accepted that a complaint has been lodged, the - 2 - same shall be considered by the Court in seisin of the matter in accordance with law. The facts disclosed above do not justify cancellation of bail as for cancellation of bail, altogether different consideration has to be borne in mind. The application has no merit. It is accordingly dismissed. pkj ( Kishore K. Mandal, J )