Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16076 of 2012 ====================================================== Md. Kamaal .... .... Petitioner. Versus The State Of Bihar & Anr .... .... Opposite Parties. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 03-05-2012 Heard learned counsels for the petitioner, complainant and the State. The petitioner being the husband of the complainant is apprehending his arrest in complaint case in which cognizance has been taken for the offences punishable under [STATUTE] and 4 of the D. P. Act. It is submitted by learned counsel for the petitioner that the petitioner has not performed second marriage and is ready to keep the complainant as wife with full dignity and honour. It is submitted by learned counsel for the complainant that maintenance case was filed at Gaziabad when an order was passed on 29.09.2008 for making payment Rs. 4,000/- as maintenance amount per month but the same has not been paid till date to the complainant and the complainant is ready to resume conjugal life. Both sides agree to appear before the Patna High Court Cr.Misc. No.16076 of 2012 (2) dt.03-05-2012 2 / 2 2 learned court below on 28.05.2012 when the petitioner will take back the complainant to her matrimonial house to keep her as wife with full dignity and honour. Considering the stand of the parties, let the petitioner, above named, be released on provisional anticipatory bail for one year in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with T.R. No. 1859 of 2010 arising out of C.R. No. 1137 of 2008 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Rosera, Samastipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The bail bond of the petitioner will be confirmed by the learned court below in three eventualities if the matrimonial harmony is restored substantially within one year or the wife deliberately refuses to reside with the petitioner or the complainant fails to appear before the learned court below. U.K./- (Dinesh Kumar Singh, J)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.