Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21676 of 2012 ====================================================== Ajay Mandal son of Sri Bharat Mandal, R/O Village Khanpur, P.S. Pirpainti, Distt- Bhagalapur. .... .... Petitioner Versus The State Of Bihar & Anr. .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2. 14-06-2012. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is in custody since 24.3.2012 in connection with alleged offences under [STATUTE] and Sections 3/4 of the Dowry Prohibition Act registered in connection with Pirpainti P.S.Case No.235 of 2011. Allegation is with regard to demand of a cash of Rs.50000/-, colour T.V. and a cow by the petitioner who happens to be the husband of the informant. Learned counsel for the petitioner submits that the petitioner is willing to keep his wife with dignity and honour. It apears that the informant-wife is insisting for residence at Bhagalpur whereas the petitioner reside in Village-Khanpur Patna High Court Cr.Misc. No.21676 of 2012 (2) dt.14-06-2012 2 under Pirpainti Police Station. Considering the fact that the petitioner has expressed his willingness to keep his wife with him harmoniously at his village, i.e. Khanpur and it is the wife who is resisting to reside at Bhagalpur, let the petitioner, above named, be released on provisional bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in connection with Pirpainti P.S.Case No.235 of 2011 subject to the following conditions: (i) That the petitioner will not indulge himself in any similar or other offence. (ii) That one of the bailors must be a close relative of the petitioner. (iii) That the petitioner will be well represented on each and every date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled by the court concerned. (iv) That the petitioner shall file an affidavit undertaking to keep his wife harmoniously and with dignity, within 15 days before the learned Chief Judicial Magistrate, Bhagalpur and upon such undertaking being filed, the learned Lower Court shall issue notice to the informant. In the event of the Patna High Court Cr.Misc. No.21676 of 2012 (2) dt.14-06-2012 3 informant’s failure to appear after service of notice or on her unreasonable refusal to live with her husband on her village residence as also if she agrees to go with the husband, the provisional bail shall be confirmed. In the event however that the petitioner refuses to abide by his undertaking despite the informant’s willingness to live with him, the learned Lower Court shall cancel the provisional bail of the petitioner. ahk/- (Vikash Jain, J.)

Applicable IPC Section: 506

Statute Text:
Section 506 of the Indian Penal Code. Criminal intimidation. Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc — and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, of with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.