Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15741 of 2012 ====================================================== Amit Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.17164 of 2012 ====================================================== Amit Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 27-04-2012 Heard learned counsels for the petitioner and the State. Since the petitioner being the husband of the informant is being prosecuted in two cases being Bhagwan Bazar P.S. Case No. 121 of 2011 and Chapra (T) P.S. Case No. 12 of 2012 registered under [STATUTE] and Section 3/4 of the Dowry Prohibition Act hence both cases are being taken up together. The accusation against the petitioner is of torture and administering some poison. The marriage was performed on 02.06.1999 when the petitioner filed restitution case on 17.04.2010 thereafter two cases were lodged on 19.08.2011 and 10.01.2012. Patna High Court Cr.Misc. No.15741 of 2012 (2) dt.27-04-2012 2/3 It is submitted by learned counsel for the petitioner that the in the restitution case the informant appeared and made demand of maintenance of Rs. 20,000/-. The reply of the informant in the restitution case does not suggest that she is ready for resuming the conjugal life. The filing of the restitution case at earlier point of time by the petitioner clouds the bona fide of the accusation. In the circumstances, the petitioner is ready to pay Rs. 1,000/- per month to the informant from June, 2012 by depositing the same in the bank account of the informant by second week of every month. Considering the stand of the petitioner, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 121 of 2011 and Chapra (T) P.S. Case No. 12 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C. The petitioner will serve a copy of this order to the informant within a period of three weeks when it is expected that Patna High Court Cr.Misc. No.15741 of 2012 (2) dt.27-04-2012 3/3 the informant will supply her bank account number to the petitioner within further period of two weeks by filing the same on affidavit before the learned court below. The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceeding. Three consecutive defaults in making payment by the petitioner will give liberty to the informant to file an application for cancellation of bail of the petitioner. Amrendra/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 328

Statute Text:
Section 328 of the Indian Penal Code. Administering stupefying drug with intent to cause hurt, etc. Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.