IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3378 of 2009 ROKHSANA KHATOON Versus STATE OF BIHAR ----------- 6 12.8.2009 Heard learned counsel for the petitioner and O.P. no.2. This application has been filed for cancellation of anticipatory bail of O.P. no.2 which has been granted by this Court vide order dated 16th December 2008, passed in Cr. Misc. No. 39723 of 2008. The submission of the petitioner for cancellation of the bail is on the ground that on the submission advance on behalf of O.P.No.2 to the effect that he is prepared and willing to keep the petitioner properly and in dignified manner and he will go to bring her within a month. However, the opposite party No.2 has failed to keep the promise ands as such the submissions made for consideration for grant of anticipatory bail has been violated by the O.P. no.2 and as such the anticipatory bail allowed to him deserves to be cancelled. It is further submitted that in the counter affidavit which has been filed in this case it is categorically stated by the O.P. no.2 that he has divorced the petitioner on 16.1.2008 and as such there could have been no occasion for him to give an undertaking to the effect that he is willing to keep the petitioner (complainant) as a legally wedded wife and as such the submission made for the purpose of bail has no leg to stand. Learned counsel for the O.P. no.2 submits that the facts of divorce cannot be denied. He also submits that O.P. no.2 has divorced the complainant which was confirmed on 23rd July 2008 as stated in paragraph 4 of the counter affidavit. Considering the submissions of the parties and on perusal of the affidavit it appears that O.P. no.2 has made the statement that he is - 2 - prepared to keep the complainant properly and in dignified manner for which he shall go and being the complainant within a period of one month and he has divorced complainant which is stated in paragraph four of the counter affidavit appears only for the purpose of getting the anticipatory bail. In the above circumstances the anticipatory bail granted to the O.P. no.2 vide order dated 16.12.208 is hereby cancelled. The application stands disposed of. It goes without saying that in case O.P. no.2 surrender in court below and files petition for bail the same shall be considered on its own merit in accordance with law without being prejudiced by the present order. . (Shailesh Kumar Sinha, J) M.Rahman