KALIKUMAR DAS Vs. BHAKTA CHARAN JENA

JUDGEMENT

(1.) THE petitioner in this application under Section 439(2) of the Code of Criminal Procedure has sought for cancellation of the bail granted by this Court to the opp. party No. 1 on 23.7.2004 in BLAPL No. 5319 of 2004.

(2.) ON the information of the petitioner, Bhograi P.S.Case No. 113 of 2003 corresponding to G.R.Case No. 309 of 2003 pending before the learned J.M.F.C, Jaleswar under Sections 498 -A/304 -B/302 IPC read with Section 4 of the D.P. Act against the opp. party No. 1 who is the husband of the deceased and daughter of the petitioner, namely, Sumita.

(3.) IT appears that the opp. party No. 1 was accordingly released on bail pursuant to the aforesaid order dated 23.7.2004 and subsequently, the charge sheet being filed against the opp. party No. 1, cognizance was taken by the learned J.M.F.C, Jaleswar on 17.12.2004 under Sections 498 -A and 406, IPC. A protest petition was filed by the opp. party No. 1 and on consideration of the material on record, learned Magistrate has subsequently also taken cognizance of the offence under Section 304 -B, IPC.