1. This application by petitioner has been filed under Section 439(2), Code of Criminal Procedure, 1973 (In short "Cr. PC") for cancellation of bail of opposite party No. 2 Sanjay Mahto granted by order dated 19.6.2003 in Parsauni Police Station Case No. 56 of 2002 corresponding to G.R. No. 1493 of 2002 under Sections 304B, 201/ 34, Indian Penal Code by Chief Judicial Magistrate, Sitamarhi.

2. The case of petitioner, in short, is that on 5.11.2002, Chaukidar of village Kathaur came to know in his village that opposite party No.2 alongwith his parent and sister committed murder of his wife by administering poison and in order to get the evidence disappeared disposed of her dead body and he further came to know that about one and half years ago deceased had been married to opposite party No. 2 and after marriage, opposite party No. 2 and his family members used to torture the deceased on account of demand of dowry and finally they committed her murder. The Chaukidar lodged a case against opposite party No.2 and his relations (Annexure-1). The further case of petitioner is that opposite party No.2 surrendered before the Court of learned Chief Judicial Magistrate, Sitamarhi on