Bail once granted can be cancelled if the accused abuses the liberty by obstructing the investigation, tampering with evidence, or attempting to evade the trial.

M.L.Visa, J.

1. This application by petitioner has been filed for cancellation of anticipatory bail granted to opposite party Nos. 2 and 3 by learned Sessions Judge, Saharsa in Anticipatory Bail Application No. 42 of 2002 (S) on 27.5.2002.

2. The case of petitioner, in short, is that she had filed a Complaint Case No. 218 of 2001 against opposite party Nos. 2 and 3, who are her in-laws, her husband Gopal Keshri and others, namely, Vijay Keshri, Madhuri Devi and Vinay Kumar Keshri Under Secs. 323, 387, 379, 498A, read with sec. 34, Indian Penal Code following her torture by aforesaid persons for the demand of a sum of Rs. 50,000.00 and a scooter as dowry from her father. The case of petitioner is that in her complaint petition, she gave the details of her torture including assault on her, stoppage of meal and finally snatching her articles including cloths, ornaments and pushing her out from their house. The further case of the petitioner is that opposite party Nos. 2 and 3, by order dated 27.5.2002 passed by learned Sessions Judge, Saharsa, have been granted anticipatory bail who, in spite of the fact that cognizance of the case after inquiry u/s. 202, Code of Criminal Procedure was taken by learned Sub-Divisional Judicial Magistrate and without considering materials on record, granted anticipatory bail to opposite party Nos. 2 and 3. The further case of the petitioner is that on the very first day after the institution of case by petitioner, they began to threaten her with dire consequences and after issuance of attachment order against them and other accused persons, they, with other accused persons of the case, started making threats on telephone to petitioner for her murder and petitioner then filed a petition (Annexure-3) in the Court of Sub-Divisional Judicial Magistrate, Birpur, stating all these facts in which she also stated that her husband had connection with anti-social elements and in conspiracy with opposite party Nos. 2 and 3 was threatening her that evidence of case would be demolished. According to petitioner on 8.6.2002, according persons came at her parents house in the morning and they stated that they have been granted anticipatory bail and they would teach a lesson to petitioner for lodging case against them and on 11.6.2002, opposite party Nos. 2 and 3 along with other miscreants having deadly weapons in their hands entered the house of petitioner and threatened her that her entire family will be ruined if she does not compromise the case with them and informatory petition (Annexure-4) was filed by petitioner. The petitioner has stated that she has all apprehensions that accused persons may tamper the evidence and her witnesses may be killed by them. Petitioner has prayed for cancellation of bail granted to opposite party Nos. 2 and 3.

3. Opposite party Nos. 2 and 3 have appeared through their Counsel by filing Vakalatnama and have opposed the prayer of petitioner for cancellation of their anticipatory bail.

4. From the impugned order, it appears that prayer of anticipatory bail of opposite party Nos. 2 and 3 was heard along with the prayer of anticipatory bail of Gopal Keshri, husband of petitioner and by the same impugned order although opposite party Nos. 2 and 3 were granted anticipatory bail by Court below but the prayer of Gopal Keshri, husband of petitioner, for anticipatory bail was refused and he was directed to surrender before the Court below with an observation that the Court below will consider all the submissions advanced on his behalf without being prejudiced by the order rejecting his prayer for anticipatory bail. The impugned order further shows that after considering the fact that opposite party Nos. 2 and 3 filed affidavit in the Court below that they were ready to keep the petitioner with all honour and comforts and also considering the submissions that opposite party Nos. 2 and 3 are old persons and there is no specific overt act attributed against them, granted anticipatory