ORDER :

1. The present petition is for cancellation of the bail granted to respondent No. 1.

2. The brief facts of this case are that the application has been filed by the complainant, who happens to be the wife of the respondent No. 1 and the matrimonial disputes and the battle for custody of the child are going on. This Court by order dated 09.03.2017 granted first bail to respondent No. 1 in M. Cr. C.A No. 1256 of 2016 under Section 498A, 354 read with Section 34 of IPC and Section 4 of Dowry Prohibition Act. Subsequently, Section 377 IPC was added and again on 26.07.2017 in M. Cr. C.A. No. 568/2017 anticipatory bail was granted to respondent No. 1 for which the trial is pending. The instant petition has been filed by the wife for cancellation of bail on the ground that the bail condition imposed by the bail order has been flouted.

3. Learned counsel for the petitioners would submit that the custody battle in between the husband & wife is pending, wherein the family Court by its order dated 07.10.2021 given the visiting right to the respondent/father to allow him to meet during the birthday of the child. It is further stated that on the birthday the child fell sick, as such he was