JUDGMENT

M. M. DAS, J. — The petitioner in this application under Sec. 439(2) of the Code of Criminal Procedure has sought for cancellation of the bail granted by this Court to the opp. party No. 1 on 23.7.2004 in BLAPL No. 5319 of 2004.

2. On the information of the petitioner, Bhograi P.S.Case No. 113 of 2003 corresponding to G.R.Case No. 309 of 2003 pending before the learned J.M.F.C., Jaleswar under Sections 498-A/304-B/302 IPC read with Section 4 of the D.P.Act against the opp. party No. 1 who is the husband of the deceased and daughter of the petitioner, namely, Sumita.

3. After investigation was completed, a charge sheet was filed against the opp. party No. 1 under Sections 498-A and 406, IPC. During the course of the investigation, the opp. party No. 1 approached this Court for grant of anticipatory bail under Sec. 438 of the Code of Criminal Procedure in BLAPL No. 5319 of 2004. Considering the facts of the case, at that stage of the investigation, this Court passed the order dated 23.7.2004 which is quoted hereunder :

“Heard Mr. Sarangi, learned counsel for the petitioner and the learned Addl. Standing Counsel.

This is an application under Sec. 438, Cr.P.C. for grant of a