- (1.) This is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 29.8.2000, whereby and whereunder the learned Sessions Judge, Deoghar passed the order cancelling the bail granted to the petitioners vide order dated 13.7.1998.
(2.) The opposite party No. 1 filed a complaint case against her husband (petitioner No. 1) and his elder brother (petitioner No. 2) and after inquiry, cognizance was taken under Sections 323, 406 and 498-A/34, IPC.
(3.) The case of the prosecution as alleged that the complainant is the legally wedded wife of petitioner No. 1 and their marriage was performed on 21.5.1991. It is alleged that the accused persons started demanding money from the father of the complainant and the father of the complainant also given a sum of Rs. 15,000/- for starting the leth machine business but the petitioner No. 1 did not start the business and invested the money in other matters. The accused persons again started demanding money and also started torturing the complainant and thereafter the complaint case was filed. On receipt of summons, the petitioners appeared in the Court below and filed the bail application but the learned Magistrate rejected the prayer of bail as regards to the petitioners. There-after, the petitioners moved before the Sessions Judge for grant of bail and they have also filed a compromise petition before the Sessions Judge and thereafter, after hearing the parties the petitioners were granted bail taking into consid eration of the compromise petition by order dated 13.7.1998. The opposite party filed a petition under Section 439(2), Cr PC for cancellation of bail and after hearing both parties the Sessions Judge cancelled the bail already granted to them by the order impugned.;