Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10926 of 2012 ====================================================== Dinesh Sah .... .... Petitioner/s Versus The State Of Bihar & Anr. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 04-04-2012 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending arrest in a complaint case in which cognizance has been taken under [STATUTE] . The petitioner is ready to keep the complainant as wife with full dignity and honour, hence the accusation not being deliberated. Considering the stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Motihari in connection with Complaint Case No. 575 of 2009, subject to the conditions as laid down under Section 438(2) Cr.P.C. Patna High Court Cr.Misc. No.10926 of 2012 (2) dt.04-04-2012 2/2 Let the learned court below issue notice to the complainant for her appearance when the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed if the matrimonial harmony is substantially restored or if the complainant deliberately refuses to reside with the petitioner of if she fails to appear. Amrendra/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 149

Statute Text:
Section 149 of the Indian Penal Code. If an offence be committed by any member of an unlawful assembly, every other member of such assembly shall be guilty of the offence. If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.