IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35779 of 2008 BIBHA KUMARI Son of Nandu Raut Resident of Mohalla- Durga Mandap Kawakole P.S.- Kawakold, District- Nawada. ------ Petitioner Versus THE STATE OF BIHAR ------ Opposite Party ----------- 4 18.2.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The complainant has filed an application for cancellation of bail. The ground taken in the application was that on the basis of oral statement, the report of the Officer Incharge was taken into account while granting regular bail to the petitioner. Consequently after the records of the case were examined, the report of the Officer Incharge of Kawakole police station was found attached with the supplementary affidavit. Learned counsel for the complainant submits that after cognizance has been taken and the case is found to be prima facie true the Court should not grant bail in a case under Section 376 of the Indian Penal Code. This Court is aware of the circumstances under which the bail should be refused. The complainant’s mother has approached the Chief Minister who 2 had given a direction for an enquiry. Apart from the other factors taken into consideration, the Court also took into consideration that the young couple were in love and had run away together and later, after they returned the case was lodged against the petitioner. The reason for granting bail cannot be a ground for cancellation of bail. Unless the complainant can show that there are strong facts and circumstances which indicates that the petitioner is misusing the privilege of bail by creating hindrance in the disposal of the case or is threatening the complainant/her mother. This Court rarely interferes once bail has been granted on merit to the petitioner unless there is some mis- statement of fact before the Court. In the circumstances, I find there is no merit in the application for cancellation of bail. The application is thus dismissed. Sanjay (Sheema Ali Khan, J.)