Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.57 of 2012 Vijay Kumar Versus The State Of Bihar & Anr ---------------------------------- 2/ 5.1.2012 Heard learned counsels for the petitioner and the State. The petitioner, being husband, is apprehending his arrest in Complaint case no. 148 of 2000 under [STATUTE] . It appears that the petitioner’s earlier anticipatory bail was rejected in 2001. In that view of the matter, this Court is not inclined to entertain the present application. However, it is submitted by learned counsel for the petitioner that the complainant has now got employed as Panchayat Teacher and has married to some one else and, therefore, she may not like to reside with the petitioner. In that view of the matter, it is a good ground for regular bail. Let the court below consider the prayer of the petitioner for regular bail by releasing him provisionally and in the meantime, issue notice to the complainant and on her appearance if she admits that she has already married another person, then regular bail of the petitioner shall be considered favourably. With the aforementioned observation/direction, this application is disposed of. Let this order be sent to the court of S.D.J.M., Gaya through FAX at the cost of the petitioner. Anil/ ( Dinesh Kumar Singh, J.)

Applicable IPC Section: 494

Statute Text:
Section 494 of the Indian Penal Code. Marrying again during the life-time of a husband or wife. Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.