- (1.) THE application under Section 439 (2) read with Section 482 of the Code of Criminal Procedure is directed against the order dated 17. 10. 2007 passed by learned Chief Judicial Magistrate in pursuance to the order dated 16. 10. 2007 passed by the learned Vacation Judge in connection with Criminal Misc. Case no. 898 of 2007 whereby and whereunder the learned Vacation Judge allowed an application for anticipatory bail under Section 438 of the Code of Criminal procedure in favour of Opposite Party No. 2.
(2.) PETITIONER has filed this application for cancellation of the said bail granted in favour of opposite party No. 2. Petitioner herein is the wife of opposite party No. 2 and she filed petition of complaint before the Court of learned chief Judicial Magistrate, Purba Midnapore on which direction was passed for investigation by police under Section 156 (3) of the Code of Criminal Procedure. The case was registered for commission of offence punishable under Section 498a/323/406 of the Indian Penal Code against three persons including the opposite party No. 2.
(3.) OPPOSITE party herein along with her mother Smt. Rama Das moved an application before the learned Sessions Judge, Purba Midnapore under section 438 of the Code of Criminal Procedure which was registered as Criminal Misc. Case No. 770 of 2007.;