Case Facts:
Patna High Court Cr.Misc. No.22671 of 2012 (2) dt.14-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22671 of 2012 ====================================================== 1. Shambhu Sah son of late Nathuni Sah. 2. Rama Devi wife of Shambhu Sah, aged about 65 years. 3. Meera Kumari daughter of Shambhu Sah age 20 years B.A. 11nd year, all are resident of village-Mananpur, P.S. Kalyanpur, District-East Champaran, Bihar. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 14-06-2012 Heard learned counsels for the petitioners and the State. The petitioners seek anticipatory bail in connection with a case in which cognizance has been taken for the offence punishable under [STATUTE] . It is contended that there is no truth behind the allegation of subjecting the complainant to cruelty for non- fulfillment of demand of dowry. The petitioners are parents-in-law and unmarried sister-in-law (Nanad) respectively. From the allegation made in the complainant, it would transpire that the husband of the petitioner was residing at Nagaland and when the complainant went to Nagaland she came to know that he has got Patna High Court Cr.Misc. No.22671 of 2012 (2) dt.14-06-2012 illicit relationship with some other lady. It is submitted that the petitioner no. 1 and 2 are father-in-law and mother-in-law respectively of the complainant whereas petitioner no. 3 is her unmarried sister-in-law. The moot cause for filing the case is matrimonial discord between the complainant and her husband. Be that as it may, taking into consideration the nature of allegation, facts and circumstances of the case, let the petitioners named above in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Motihari Sadar in connection with Complaint Case No. 2237 of 2010 subject to the conditions as laid down under section 438(2) Cr.P.C. and also subject to the conditions (i) that both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners (ii) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority (iii) that they shall remain present before the court on the dates fixed for hearing of the case. If they Patna High Court Cr.Misc. No.22671 of 2012 (2) dt.14-06-2012 want to remain absent, then they shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they shall immediately inform the court and request that he may be permitted to be present through counsel (iv) that liberty is given to the State/complaint to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violates any of the conditions imposed by this court. Devendra/- (Ashwani Kumar Singh, J)

Applicable IPC Section: 498

Statute Text:
Section 498 of the Indian Penal Code. Enticing or taking away or detaining with a criminal intent a married woman. Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.