KUMARI JUHI RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Learned Counsel appearing on behalf of the Petitioner, learned Additional Public Prosecutor appearing on behalf of the State of Bihar and the Learned Counsel appearing on behalf of Opposite Party Nos. 2 to 4. The Petitioner, who is the victim and the complainant of Complaint Case No. 2143 of 2008 corresponding to Trial No. 2171 of 2010 pending in the Court of learned S.D.J.M., Gopalganj, has filed the present petition under Section 439(2) of the Code of Criminal Procedure, 1973 seeking cancellation of bail of Opposite Party Nos. 2 to 4 granted by virtue of a common order dated 15.4.2010 passed in Cr. Misc. No. 11835 of 2010 (Rajiv Kumar Singh v. The State of Bihar and Anr.) with Cr. Misc. No. 7574 of 2010 (Anirudh Singh and Anr. v. The State of Bihar and Anr.).

(2.) In response to the show cause notice issued by this Court, Opposite Party Nos. 2 to 4 have entered appearance and have filed a common show cause duly sworn by Opposite Party No. 2 and have contested the matter, and a prayer has been made on their behalf that the petition filed on behalf of the Petitioner for cancellation of their bail be rejected.

(3.) In order to appreciate the points involved in the present case, it would be necessary to give entire factual background under which Opposite Party Nos. 2 to 4 were granted bail by this Court, as also the factual background under which the Petitioner is seeking cancellation of their bail, which are portrayed hereunder.