Case Facts:
Patna High Court Cr.Misc. No.37893 of 2011 (4) dt.27-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37893 of 2011 ====================================================== 1. Binod Mukhiya S/O Late Laxmi Mukhiya Resident Of Village + P.S.- Pratapganj, District- Supaul .... .... Petitioner Versus 1. The State Of Bihar 2. Basanti Devi W/O Binod Mukhiya, D/O Kadam Lal Mukhiya Village- Duaniya, P.S.- Pratapganj, District- Supaul, At Present Resident Of Village- Belaganj, P.S.- Bhimpur, District- Supaul .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 27-07-2012 Heard the learned counsel for the petitioner and the State. This is a petition for grant of regular bail for offence under [STATUTE] . In view of the report of S.D.J.M, Supaul, that the victim did not live with the petitioner and is pursuing the case and has presented two witnesses for evidence. Hence, having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 323 (C) of 2010 to the satisfaction of Chief Judicial Magistrate, Supaul. Subject to condition that the petitioner shall appear in Court on each and every date, in the case and any absence, on two Patna High Court Cr.Misc. No.37893 of 2011 (4) dt.27-07-2012 consecutive dates, without any reasonable ground to the satisfaction of the Court below, shall be a ground of cancellation of bail of the petitioner by the lower Court itself. The trial court is also directed to expedite the trial. Safik/- (Gopal Prasad, J)

Applicable IPC Section: 497

Statute Text:
Section 497 of the Indian Penal Code. Adultery. Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.