Case Facts:
Patna High Court Cr.Misc. No.41612 of 2010 (6) dt.05-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41612 of 2010 ====================================================== Sanjeet Kumar Baitha, son of Ram Lochan Baitha, R/o – village – Chengauna, P.S. – Shikarpur, District – West Champaran. .... .... Petitioner/s Versus 1. The State of Bihar 2. Sangeeta Kumari, D/o – Roop Narayan Baitha, resident of village – Bahuarwa, matha, P.S. – Pokharia, District – Parsa, Nepal. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 6 05-03-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Complaint Case No. 1201C of 2008 registered for the offence punishable under [STATUTE] and Section 4 of the Dowry Prohibition Act pending before Sub- Divisional Judicial Magistrate, Bettiah, West Champaran. Submission is that complainant opposite party no. 2 has already been married with one Pinku Kumar son of Birbal Baitha, village – Pokharia, District – West Champaran, and report which was called for vide order dated 01.04.2011 has been received to the court below, but for the reasons best known, it is not transmitted here. He further admits that petitioner has also solemnized another marriage with one Laxmi Devi. In view of the above, learned counsel for the Patna High Court Cr.Misc. No.41612 of 2010 (6) dt.05-03-2012 petitioner seeks permission to withdraw this application with a liberty to surrender before the court below within a fortnight and seek regular bail where his prayer may be considered on its own merit including the report, as submitted, received, without being prejudice of instant withdrawal. Accordingly, this application stands disposed of as withdrawn. Let a copy of this order be communicated to the court below through Fax at the cost of the petitioner. Rajeev/- (Akhilesh Chandra, 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.