Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19457 of 2012 ====================================================== Faiyaz Ahmad S/O Late Mirza Moinuddin Resident Of Village- Sherpur, P.S.- Chapra Muffasil, Distt.- Saran .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 3 30-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. Petitioner seeks bail in Chapra Muffasil P.S. Case No. 236 of 2010 registered for offence punishable under [STATUTE] . Learned counsel for the petitioner submits that marriage was solemnized 16 years back and after such a long time the allegation of physical abuse and demand of dowry is unbelievable. It is further submitted that the informant who is Patna High Court Cr.Misc. No.19457 of 2012 (3) dt.30-05-2012 2 / 4 2 brother of the wife of the petitioner has tried to exert undue pressure by filing a false and frivolous case. Learned counsel submits that petitioner is in custody since 14.3.2012 and deserves to be released on bail. It is further submitted that petitioner is ready to keep his wife with him with full dignity, honour and security. Learned counsel submits that the second marriage took place with the consent of the first wife i.e., the sister of the informant. Learned counsel for the informant, who has sou motu appeared, submits that his sister was ousted from the matrimonial house since the same was sold by the petitioner who has now invested in Bangalore where he has got his second wife and sister of the informant is not being allowed to live in the matrimonial house or any amount with regard to maintenance is being paid to her. It is submitted that the petitioner is also responsible for the termination of pregnancy of the sister of the informant and also making her incapable to conceive due to removal of ovary. Learned A.P.P. for the State submits that this Court should direct the petitioner to pay some amount per month by way of interim arrangement so that the first wife i.e., the sister of the informant may be able to sustain herself. Patna High Court Cr.Misc. No.19457 of 2012 (3) dt.30-05-2012 3 / 4 3 Considering the facts and circumstances of the case and upon hearing learned counsels for the parties, let the abovenamed petitioner be released on bail on furnishing bail bond of Rs.10,000/-( Ten thousand ) with two sureties of the like amount each to the satisfaction of the C.J.M., Saran, Chapra, in connection with Chapra Muffasil P.S. Case No. 236 of 2010. The petitioner within a week of his release from jail shall file an affidavit before the court below disclosing his income and assets. The court would then send the details provided by the petitioner to the Superintendent of Police, Saran, as well as Commissioner of Police, Bangalore, for verification. If it is found correct then the court shall immediately pass order modifying the amount which has been fixed as monthly maintenance for the release of the petitioner. If it is found that the petitioner has suppressed material facts and has given wrong figures, the bail granted to the petitioner shall stand cancelled. In view of the aforesaid, this Court directs that the petitioner shall pay Rs.2,500/- per month to the sister of the informant i.e., the first wife of the petitioner. The same shall be payable from the month of May, 2012 and shall be paid by the 10th of the successive month. It would be the duty of the court below to ensure that such payment is made. Failure to do so by Patna High Court Cr.Misc. No.19457 of 2012 (3) dt.30-05-2012 4 / 4 4 the petitioner shall also lead to cancellation of the bail. sudip/- (Ahsanuddin Amanullah, 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.