HARI SHANKAR PRASAD, J. - (1.) HEARD learned counsel for the petitioner. Learned counsel for the State and the learned counsel for the opposite party No. 2.
(2.) THIS is an application for cancellation for anticipatory bail granted to the opposite party No. 2 accused by this Court in A.B.A. No. 190 of 2002. The case of the petitioner/informant is that she is legally married wife of the opposite party/accused No. 2 and the marriage was solemnized on 10 -5 -1996 according to Hindu rites and customs. The father of the complainant/petitioner had given Rs. 51,000/ cash, 10 total of golden ornaments, etc. and other articles, such as T.V., clothes, bed Palung and after" Bidal ceremony" the complainant went to her sasural keeping golden dreams of happy conjugal life but her all dreams shattered into pieces when she had to face greedy, cruel and heartless husband and in - laws who were not satisfied with the articles given to the complainant at the time of marriage with Prabhas Chandra Mahto. There was demand of Hero Honda Motor Cycle and a Godrej Almirah from the complainant and she was pressurized for fulfilling the demand of the aforesaid articles from petitioner and other accused persons. The complainant refused to comply about the threat, pressure of the accused persons and asked her father to provide all these articles to her sasural people including the O.P. No. 2/ accused, who is her husband but her father was not in a position to provide these articles and thereafter torture continued and ultimately, as a result of non fulfillment of demand, she used to be assaulted by shoe, chappal, fists, slaps and painas by her husband, sasur, sas. The complainant was carrying pregnancy of about six months at the relevant time but her father brought her to his residence seeing no way out. Her first pregnancy was terminated on 17 -1 -1997 due to ill treatment and assault by her husband and others. On 3 -10 -999 she gave birth to a female child and when the sasural people came to know that she has given birth to a female chiled, none of the family members from her sasural came to see the baby. Thereafter abuse and torture etc., continued and she of her departure, she was brutally assaulted by all the accused persons and thereafter she was hospitalized and the doctor issued injury report and thereafter she lodged a complaint case which was sent to the concerned police station for institution and investigation on the basis Of which Bokaro (Gomla) P.S. Case No. 83 of 2001 (G.R. No. 805 of 2001) was registered under Sections 498 -A/325/323 I.P.C. Thereafter the accused/husband impressed \the complainant/wife that he will now keep her with honour and dignity and on his assurance, a compromise was entered into between the wife and husband and at the time of hearing of anticipatory bail petition filed on behalf of the opposite party No.2/ accused that compromise petition was filed and the complainant/petitioner was also present in the Court, the learned Sessions Judge with some observation directed the opposite party/ accused to surrender in the Court below and the learned Court below will consider the matter and will dispose of the bail application in terms of the compromise petition. Thereafter he did not take his wife and terminated the compromise petition entered into between the parties and both went to their respective homes. Thereafter the aforesaid anticipatory bail application was filed in this Court and on the basis of compromise petition, anticipatory bail was granted to the accused/opposite party No. 2.
(3.) THE contention of the learned counsel for the petitioner is that at the time when anticipatory bail application was moved before this Court, by that time, compromise has broken down and by suppressing this fact, the accused/ opposite party No. 2 has been able to get the order of anticipatory bail in his favour from the High Court on the same compromise petition which had broken down and, therefore, by suppressing the fact and by playing fraud upon the Court, the opposite party No. 2/accused has got this anticipatory bail and therefore, the anticipatory bail granted, to him is fit to be cancelled.;