Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36801 of 2010 ====================================================== Md.Firoz, Son of Late Abdul Rahman, resident of Village Bathuwa Buzurg, P.S. Musri, Gharari, District Samastipur. .... .... Petitioner/s Versus 1.The State of Bihar. 2.Halima Khatoon, Wife of Md. Firoz and Daughter of Md. Nizam, Village Majholia, P.S. Sakra, District Muzaffarpur. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 7 08-02-2012 Heard learned counsel for the petitioner, learned counsel for the complainant-opposite party no. 2 and learned Additional Public Prosecutor for the State. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections [STATUTE] and 3/4 of the Dowry Prohibition Act, is named accused in this complaint case being husband of the complainant with allegation of demand of dowry, torture etc. Submission is that petitioner intends to resume and continue the matrimonial relationship with the complainant-opposite party no. 2 and on earlier occasions with indulgence of this Court, the couple went and resided together but on last occasion under some unavoidable circumstances, the complainant-opposite party no. 2 left the company of the petitioner for which due intimation has already been given to the learned court below and the complainant-opposite Patna High Court Cr.Misc. No.36801 of 2010 (7) dt.08-02-2012 2 / 3 2 party no. 2 has regularly been attending the Court independently. However, petitioner still intends to resume and continue the matrimonial relationship with the complainant-opposite party no. 2 and also offers to pay a sum of Rs. 1,000/- (one thousand only) per month to the complainant-opposite party no. 2, who is his one and only wife and mother of two children born out of wedlock, subject to any other order on the point by the competent Court. Considering the facts and circumstances of the case, on the event of petitioner filing duly verified petition supported with personal affidavit before the court below stating all such intentions or parties files joint petition of compromise clearly stating all such intentions, in the event of his arrest/surrender within four week, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Muzaffarpur, in connection with Complaint Case No. 1975 of 2008, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to attend the Court regularly till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation or even on single default in payment, the privilege granted shall be deemed to be cancelled. Further, additional condition, in the event of filing individual petition on behalf of the petitioner, the court below on getting positive response from the complainant-opposite party no. 2 or filing joint petition of compromise by the parties, permit the Patna High Court Cr.Misc. No.36801 of 2010 (7) dt.08-02-2012 3 / 3 3 couple to reside at their place of choice on the condition to report personally to the court below on the dates fixed for the purpose and only after being satisfied of their conduct for a reasonable period, the court below shall pass appropriate order in accordance with law. Praveen-II/- (Akhilesh Chandra, 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.