Case Facts:
Patna High Court Cr.Misc. No.48437 of 2012 (2) dt.17-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48437 of 2012 ====================================================== Ram Bilash Singh son of Late Gore Jha .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 17-12-2012 Heard Mr. Diwakar Prasad Singh, learned counsel for the petitioner and Mr. Narsingh Tanti, learned Additional Public Prosecutor for the State as well as Mr. Hemant Kumar, learned counsel for the informant. The petitioner is in custody since 17.10.2012 in connection with Choutham P.S. Case No. 119 of 2012 registered for the offence punishable under [STATUTE] and Section 3/4 of the Dowry Prohibition Act. The petitioner is the father-in-law of the informant. The informant was married to Gopaljee Singh, the petitioner’s son in the year 2007. The allegation is that there was demand of dowry and torture therefor. Learned counsel for the petitioner submits that apparently the informant and petitioners are not living with the petitioner. The informant’s husband i.e. the petitioner’s son is employed in United States of America. There is Patna High Court Cr.Misc. No.48437 of 2012 (2) dt.17-12-2012 no specific allegation of demand of dowry or torture in the First Information Report against this petitioner. Learned counsel appearing on behalf of the informant vehemently opposing the prayer for bail submits that at the time of incident this petitioner was also present and therefore, he does not deserve the privilege of bail. However, in view of the facts and circumstances of the case and in view of the submissions made on behalf of the petitioner, let the petitioner Ram Bilash Singh be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Choutham P. S. Case No. 119 of 2012. Saif/- (Chakradhari Sharan 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.