D.G.R. Patnaik, J. - (1.) The instant revision application has been filed by the petitioners for quashing the order dated 28.8.1998 passed by the learned Sessions Judge. Dhanbad in Cr. Misc. No. 23 of 1998, whereby the bail which was earlier granted to the petitioners, was ordered to be cancelled under section 439 (2), Cr. P.C. with a direction that the petitioners shall surrender themselves before the Court of Chief Judicial Magistrate within a period of ten days from the date of the order. Facts of the case in brief is that on the basis of the First Information Report lodged by the informant/opposite-party No. 2, a case was registered at the police station on 23.1.1998 for the offence under Sections 363, 366A and 34 of the Indian Penal Code against the petitioner and other accused persons. It was alleged in the First Information Report that the present petitioners, namely, Munna Rajak, Niwas Dhari and Shambhu Dhari with their associates forcibly entered into the house of the informant in the night of 22.1.1998 and after subjecting the informant and members of his family to silence under threats of injury to the life and person, they abducted the minor daughter of the informant. Before leaving the house, they bolted the door of the house from the outside. On alarms raised by the informant and other members of his family, some neighbouring residents arrived and open the bolt to enable the informant to come out of the room. The victim girl was subsequently recovered and she was forwarded by the investigating officer for her medical examination. She had also appeared before the learned Judicial Magistrate for getting her statement recorded under section 164, Cr. P.C. later, when the prayer of the petitioners for anticipatory bail was rejected, they surrendered themselves before the Court of learned Chief Judicial Magistrate, who granted bail to them. Being aggrieved with the order of the learned Court below, the informant filed an application before the learned Chief Judicial Magistrate for cancellation of bail granted to the petitioners, which was rejected by the learned Chief Judicial Magistrate. Therefore, the informant filed a Cr. Misc. No. 23 of 1998 before the learned Sessions Judge reiterating the prayer for cancellation of bail granted earlier to the petitioners. It was contended by the informant that by practicing fraud and misrepresentation and by misleading the Court, petitioners had succeeded in obtaining the order of bail in their favour, therefore, the order of bail should be cancelled. Learned Sessions Judge on hearing the Counsel for both the parties, allowed the prayer of the informant with an observation that the petitioners have procured the medical report of the victim girl in their favour by deceitful means and likewise, they had tutored the victim girl for recording her statement under section 164. Cr. P.C. It was further observed that from the statement of the informant, who is the father of the victim girl, and also from the physical appearance of the girl, she appears to be a minor below the age of 16 years and, therefore, disbelieving the medical certificate which had assessed the age of the girl in between 17 to 18 years and also refusing to accept the girl's own statement declaring her age to be 19 years. the learned. Sessions Judge cancelled the bail granted to the petitioners.
(2.) Heard learned Counsel for the petitioners and learned Counsel for the State.
(3.) Learned Counsel for the petitioners submits that the impugned order is totally illegal and the grounds, on which the bail was cancelled, are totally misconceived. Learned Counsel explains that cancellation of bail is against the provisions of section 437 (5) Cr. P.C. which does not permit importation of any ground other than stipulated in the section. Learned Counsel explains further that the learned Sessions Judge has virtually sifted the evidences on record and has come to a finding not only on the credibility of statement of the victim girl recorded under section 164, Cr. P.C. but also on the medical report concerning the medical examination of the victim girl and assessment of her age.;