Case Facts:
Patna High Court Cr.Misc. No.33452 of 2012 (2) dt.18-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33452 of 2012 ====================================================== 1. Shekh Wazir S/O Late Shekh Mahbub .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 18-09-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being husband of the complainant is in jail custody since 02.07.2012 in a complaint case in which cognizance has been taken under [STATUTE] . The contention on behalf of the petitioner is that the marriage of petitioner had taken place with the complainant in the year 1982 but later on, complainant established illicit relation with the brother of the petitioner and the petitioner had no concern with the complainant since the year 1992. It is further contended by him that the sister-in-law of the petitioner has filed a petition before the court disclosing this fact that complainant had established illicit relation with her husband which is evident from perusal of Annexure-2 to this petition and apart from this, petitioner has already divorced the complainant. Patna High Court Cr.Misc. No.33452 of 2012 (2) dt.18-09-2012 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Sitamarhi (Sadar) in connection with Complaint Case No. C1/1967/2009. SHAHZAD/- (Hemant Kumar Srivastava, 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.