Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12012 of 2011 ====================================================== Daya Nand Kumar, Son of Sri Prahalad Sao. .... .... Petitioner/s Versus 1.The State of Bihar. 2.Renu Devi, Wife of Daya Nand Kumar. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 6 22-02-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. In spite of notice and appearance by filing Vakalatnama none appeared on behalf of the informant-opposite party no. 2. The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under Sections 498(A), 323 and 494 of the Indian Penal Code, is one of the named accused in this case being husband of the informant-opposite party no. 2 with allegation of demands, torture and lastly having another wife with whom he performed marriage on 13th April, 2010. Submission is that there is no sort of demand in spite of long period of wedlock and petitioner has also insured the informant-opposite party no. 2 by obtaining insurance policy for Rs. 50,000/-, wherein, he himself is solitary nominee and has deposited substantial amount in the bank account in her name. Further, he intends to resume and continue the matrimonial relationship with her, though, during treatment her uterus has been removed by a surgery and only after taking consent from the informant- opposite party no. 2 and her parents, the petitioner has performed another Patna High Court Cr.Misc. No.12012 of 2011 (6) dt.22-02-2012 2 / 2 2 marriage. Taking into consideration, apart from the other allegations, admitted second marriage of the petitioner which aggravates gravity and pinches of the offence specifies under [STATUTE] , this Court does not find any merit in this application. Hence, prayer for anticipatory bail of the above named petitioner in connection with Gaurichak P.S. Case No. 42 of 2010, pending in the Court of Additional Chief Judicial Magistrate, Patna City, is hereby refused. Praveen-II/- (Akhilesh Chandra, 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.