MADHURI KESHRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application by petitioner has been filed for cancellation of anticipatory bail granted to opposite party Nos. 2 and 3 by learned Sessions Judge, Saharsa in Anticipatory Bail Application No. 42 of 2002 (S) on 27.5.2002.

(2.) The case of petitioner, in short, is that she had filed a Complaint Case No. 218 of 2001 against opposite party Nos. 2 and 3, who are her in-laws, her husband Gopal Keshri and others, namely, Vijay Keshri, Madhuri Devi and Vinay Kumar Keshri Under Sections 323, 387, 379, 498A, read with Section 34, Indian Penal Code following her torture by aforesaid persons for the demand of a sum of Rs. 50,000/- and a scooter as dowry from her father. The case of petitioner is that in her complaint petition, she gave the details of her torture including assault on her, stoppage of meal and finally snatching her articles including cloths, ornaments and pushing her out from their house. The further case of the petitioner is that opposite party Nos. 2 and 3, by order dated 27.5.2002 passed by learned Sessions Judge, Saharsa, have been granted anticipatory bail who, in spite of the fact that cognizance of the case after inquiry Under Section 202, Code of Criminal Procedure was taken by learned Sub-Divisional Judicial Magistrate and without considering materials on record, granted anticipatory bail to opposite party Nos. 2 and 3. The further case of the petitioner is that on the very first day after the institution of case by petitioner, they began to threaten her with dire consequences and after issuance of attachment order against them and other accused persons, they, with other accused persons of the case, started making threats on telephone to petitioner for her murder and petitioner then filed a petition (Annexure-3) in the Court of Sub-Divisional Judicial Magistrate, Birpur, stating all these facts in which she also stated that her husband had connection with anti-social elements and in conspiracy with opposite party Nos. 2 and 3 was threatening her that evidence of case would be demolished. According to petitioner on 8.6.2002, according persons came at her parents' house in the morning and they stated that they have been granted anticipatory bail and they would teach a lesson to petitioner for lodging case against them and on 11.6.2002, opposite party Nos. 2 and 3 along with other miscreants having deadly weapons in their hands entered the house of petitioner and threatened her that her entire family will be ruined if she does not compromise the case with them and informatory petition (Annexure-4) was filed by petitioner. The petitioner has stated that she has all apprehensions that accused persons may tamper the evidence and her witnesses may be killed by them. Petitioner has prayed for cancellation of bail granted to opposite party Nos. 2 and 3.

(3.) Opposite party Nos. 2 and 3 have appeared through their Counsel by filing Vakalatnama and have opposed the prayer of petitioner for cancellation of their anticipatory bail.