JUDGMENT :

C.R. Pal, J. - This is a petition u/s 439(2) Code of Criminal Procedure wherein the petitioner has prayed for cancellation of bail granted in favour of Opp. party No. 2 by the learned Asst. Sessions Judge, Baliguda by his order dated 30.10.1998 passed in Crl. Misc. Case No. 70/98 arising out of G.R. Case No. 81/98 corresponding to Sarang garh P.S. Case No. 15/98.

2. The facts of the case given rise to this petition are as follows:

The Opp. party No. 2 Chandra Sekhar Sarangi was the headmaster of U.G.M.E. School, Gunjibadi in the district of Phulbani. While working as such, it is alleged, he committed rape on the minor daughter of the present petitioner who was a student of Class VII of the said school. When the petitioner came to know about the said incident he immediately lodged information at Sarang garh P.S. on 19.3.1998 on the basis of the which a case u/s 376 and 506. I.P.C. was registered. Despite registration of the case, it is alleged, the Opp. party No. 2 being an influential person was not arrested till 30.10.1998 on which date surrendering in the Court of S.D.J.M., Baliguda he moved for bail and being unsuccessful there moved the learned Asst. Sessions Judge who