Case Facts:
Patna High Court Cr.Misc. No.6406 of 2012 (2) dt.21-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6406 of 2012 ====================================================== Shyam Sunder Sah, S/O-Late Ganga Sah .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Arun For the State : Md. Aslam Ansari (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 21-02-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being elder brother of husband of the deceased is languishing in jail custody since 26.07.2011 in a case registered under [STATUTE] and ¾ of Dowry Prohibition Act. It would appear from perusal of the first information report itself that the informant got information in respect of condition of the deceased from his relative and when he came at the house of the petitioner, he found the dead body of the deceased. The contention of learned counsel for the petitioner is that deceased died of her ailment and, as a matter of fact, in course of investigation, the doctor could not ascertain the cause of death of the deceased and the viscera of the deceased was sent for Patna High Court Cr.Misc. No.6406 of 2012 (2) dt.21-02-2012 chemical examination and till the receipt of aforesaid viscera report, the police did not arrest the petitioner but later on, at the direction of Superintendent of Police, the Investigating Officer arrested the petitioner. 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 Additional Sessions Judge, Fast Track Court-III, Supaul in connection with Sessions Trial No. 246 of 2010 arising out of Supaul P.S. Case No. 102 of 2002. 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.