Judgment :-

J.M. Panchal, J.

Leave granted.

2. This appeal is directed against judgment dated May 2, 2007, rendered by learned Single Judge of High Court of Judicature at Patna in Criminal Miscellaneous No. 2790 of 2004 by which order dated January 8, 2004, passed by learned Sessions Judge, Purnia in Criminal Miscellaneous No. 13 of 2003 cancelling the bail granted to the appellant by the learned S.D.J.M., Purnia vide order dated October 19, 2002, passed in C.A. No. 1098 of 2001 with reference to the complaint filed by the respondent No. 2 for alleged commission of offence punishable under Section 498A IPC, is confirmed.

3. The marriage of the appellant was solemnized with the respondent No. 2 on June 22, 1989. After the marriage, the respondent No. 2 started living with the appellant at her matrimonial home. During the subsistence of the marriage, the respondent No. 2 gave birth to two daughters. It is the case of the respondent No. 2 that the appellant and his family members started subjecting her to mental and physical cruelty for bringing insufficient dowry and also because she objected to illicit relations of the appellant with his sister-in-law Asha Devi. The case of the respondent No. 2 is that not only she was subjected to physical and mental cruelty, but money was extorted from her in order to get more dowry and an attempt to kill her was made as well as her streedhan was not returned to her in spite of several demands. Under the circumstances, she filed complaint case No. 1098 of 2001 in the Court of learned Chief Metropolitan Magistrate, Purnia and prayed to convict the appellant and others for commission of offences punishable under Sections 498A, 384, 307 and 406 IPC.

4. The learned Magistrate examined the respondent No. 2 on oath. The learned Magistrate thereafter called upon the respondent No. 2 to offer other witnesses for examination. Therefore, Bhageshwar Prasad Yadav, who is father of the respondent No. 2, was examined as witness No. 1, Birendra Kumar, an independent person, was examined as witness No.2 and Ramanuj Kumar, who is cousin of the respondent No. 2, was examined as witness No. 3. The learned Magistrate perused the statements made by the witnesses and was of the opinion that prima facie commission of offence punishable under Section 498A IPC was made out against the accused. He, therefore, took cognizance of the said offence and issued summons against the accused including the appellant. On receipt of summons, the appellant and others filed Criminal Revision No. 233 of 2002 in the Court of learned Sessions Judge, Purnia for quashing the same. Therefore, the record of the case was called for by the Sessions Court from the Court of learned Magistrate.

5. On October 19, 2002, the appellant surrendered before the Court of learned Judicial Magistrate First Class, Purnia and moved an application for bail. Since the original record was not available as the same was summoned by the Sessions Court, the learned Judicial Magistrate passed an order calling for the original record from the Court of learned District and Sessions Judge, Purnia. Though the copy of the application for bail was served on the learned Advocate for the original complainant, the learned Magistrate had not indicated in the order summoning record of the case from the Sessions Court that the bail application moved by the appellant would be heard on the same day. The original case record of Complaint Case No. 1098 of 2001 was received in the Court of learned Judicial Magistrate First Class on the same day, i.e., on October 19, 2002. The learned Magistrate took up the bail application for hearing on the same day. The learned Magistrate took into consideration the petition for divorce filed by the appellant against the respondent No. 2 in the year 2002 as well as other documents and without hearing either the respondent No. 2 or her learned counsel, enlarged the appellant on bail.

6. Thereupon, the respondent No. 2 moved Criminal Miscellaneous