IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5715 of 2009 SABINA KHATOON wife of Shams Reza daughter of Shamim Akhtar, resident of village Balwa, P.S.Jalalgarh, District Purnea … … Petitioner Versus 1. STATE OF BIHAR 2. Shams Reza @ Zuman son of Murtoza, resident of village Balwa, P.S. Jalalgarh, District PUrnea … … Opp. Party For the petitioner: Shri Md. Naushaduzzoha For the State: Shri S.C.Mishra, APP ----------- 2. 12.2.2009 Heard. The petitioner has filed this petition before a wrong form for agitating the issue which has been agitated before this Court through the present. The lower court is directed to consider whether the husband has violated the conditions of bond which could be imposed upon him by virtue of any order including that of this Court in Cr. Misc. No. 39848 of 2007. The lower court could cancel the bond very much within its jurisdiction. It is vested in it by virtue of Section 437(5) of the Cr. P.C. but the court must be cautioned that it may not be as and when one comes 2 before it and asks for an order under that particular provision. The court has to be satisfied about the necessity of passing an order under that provision after being satisfied from the allegations. That could be done only when the husband has an opportunity of being heard. The petition is dismissed as of no merit on account of being filed before a wrong forum. Kanth ( Dharnidhar Jha, J.)