Mridula Mishra, J.

1. This petition has been filed by the petitioner for quashing the order dated 16.12.2002, passed by the learned Chief Judicial Magistrate, Gopalganj, in Barauli P.S. case No. 249 of 2001 whereby bail granted to the petitioner has been cancelled and the warrant of arrest has been issued against him.

2. On 23.12.2001 the opposite party No. 2 instituted First Information Report which was registered as Barauli P.S. case No. 249 of 2001. The allegation was that Kamta Tiwari (petitioner) made an entry in the room in the afternoon and committed rape on the informant. The informant raised alarm on which the mother-in- law of the informant came and she was assaulted by the accused. The accused thereafter fled away from the place of occurrence. It is further stated that at the time of the alleged occurrence, the husband and father-in-law of the informant had gone to the field and, as such, they were not present in the house.

3. The petitioner was arrested on 24.12.2001 and was sent to jail. He filed an application for grant of bail before the Chief Judicial Magistrate, Gopalganj, which was heard on 18.1.2002 and after hearing the parties provisional bail was grant