Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15362 of 2012 ====================================================== Jagdish Yadav @ Jagadish Yadav, S/o Late Sajawal Rai, Resident of Village- Pachabhiriya, Police Station- Ramgarhwa, District- East Champaran. ... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 12-04-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in a case instituted under [STATUTE] . It is stated that the co-accused Soni Jha had earlier filed a complaint case being Complaint Case No. 333 of 2010 on 17.7.2010 in the court of learned S.D.J.M., Raxaul at Motihari against the informant of the present case and others under Sections 307, 365, 376, 511 and 498(A) of the Indian Penal Code as well as Section 3 & 4 of the Dowry Prohibition Act. The petitioner is one of the witnesses in the complaint case. The informant of the present case is brother of the deceased Jitendra Jha. Co-accused Soni Jha was married to Jitendra Jha. Taking advantage of the situation, the informant implicated Soni Jha as well as this petitioner in the present case alleging Soni Jha had developed intimacy with Patna High Court Cr.Misc. No.15362 of 2012 (2) dt.12-04-2012 2 / 2 2 the petitioner. The petitioner is in custody since 20.10.2011. Considering the facts and circumstances of the case, the petitioner is directed to be released on bail on his executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari (East Champaran) in connection with Ramgarhwa P.S. Case No. 32 of 2011 on the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court. Sanjeet/- (Ashwani Kumar Singh, 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.