Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40280 of 2012 ====================================================== Dilip Rajbanshi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 06-11-2012 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under [STATUTE] . The basic accusation is of torture. It is submitted by learned counsel for the petitioner that the petitioner has not performed second marriage and is ready to keep the informant as wife with full dignity and honour, hence the accusation is 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 Chief Patna High Court Cr.Misc. No.40280 of 2012 (2) dt.06-11-2012 2/2 Judicial Magistrate, Nalanda, Biharsharif in connection with Rajgir P.S. Case No. 93 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the learned court below issue notice to the informant for her appearance when the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed by learned court below if the matrimonial harmony is substantially restored or if the informant deliberately refuses to reside with the petitioner. Amrendra/- (Dinesh Kumar Singh, 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.