IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5892 of 2007 PRAVIN KHATOON Versus STATE OF BIHAR & ANR ----------- 7/ 13-08-2008 Heard learned counsel for the petitioner (informant), learned counsel for the State and learned counsel for Opposite Party No.2 (accused). This petition has been filed by the petitioner for cancellation of bail which was granted to Opposite Party No.2, namely, Naushad Alam @ Naushad Darzi vide order dated 01.03.2006 passed in Cr. Misc. No.7476 of 2006. Opposite Party No.2 is an accused in Barhat P.S.Case No. 72 of 2005 for the offences punishable under sections 323, 498A/34 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act. The said F.I.R. was lodged by the informant (petitioner ) claiming to be the wife of Opposite Party No.2 . In the said case when Opposite Party No. 2 was taken into custody, he filed Cr. Misc. No. 7476 of 2006 before this Court which was heard by this Court on 01.03.2006 and during the course of hearing it was submitted on behalf of Opposite Party No.2, who was petitioner in that case, that he is in jail since more than two months from 20.12.2005 although he is ready and willing to keep the informant with him with all security and affection as a legally wedded wife. After the said petition was allowed Opposite Party No.2 was enlarged on bail in the said case. The claim of the informant (petitioner) is that after being released from custody Opposite Party No.2 is not ready and willing to keep the informant with him and instead of taking her to his house, has married another woman and is not allowing even the petitioner to come to his house. - 2 - Notices were issued to Opposite Party No.2 and on his behalf a counter-affidavit has been filed in which he has stated that the petitioner ( informant) is not his legally wedded wife and the entire allegation is false and frivolous and hence there is no question of Opposite Party No.2 keeping and maintaining her as his wife with security and safety. This claim raised now by O.P. No.2 is quite contrary to the statement made on his behalf when his bail petition was being argued on 01.03.2006 and thus it is quite apparent that Opposite Party No.2 is not ready and willing to act as per his undertaking given before this Court on 01.03.2006 on the basis of which his bail petition was allowed. In the said circumstances this petition is allowed, order dated 01.03.2006 passed in Cr. Misc. No. 7476 of 2006 is recalled and the bail granted to Opposite Party No.2, namely, Md. Naushad Alam @ Naushad Darji, is hereby cancelled and he is directed to immediately surrender before the learned court below, failing which all coercive actions shall be taken against him. B.Tiwary/ (S.N Hussain,J)