Case Facts:
Patna High Court Cr.Misc. No.17427 of 2012 (2) dt.25-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17427 of 2012 ====================================================== 1. Ganesh Prasad @ Prashant Kumar S/O Late Arjun Mahto R/O Vill- Somnaha Chaksima, P.S.-Chakmehai, Distt-Samastipur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 25-04-2012 Heard learned counsels for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence punishable under [STATUTE] . The case was initially instituted as a complaint which was referred to the police for institution of first information report and investigation. It is contended that from the first information report itself it would transpire that no offence under [STATUTE] would be made out. So far as section 498A is concerned, it is submitted that there is no truth behind the allegation of subjecting the complainant to cruelty for non- fulfilment of demand of dowry. As a matter of fact, the case has been instituted due to matrimonial discord and incompatibility between the parties. The petitioner is in custody since 30.10.2011. Be that as it may, considering the nature of allegation, Patna High Court Cr.Misc. No.17427 of 2012 (2) dt.25-04-2012 facts and circumstances of the case the petitioner named above is directed to 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 learned 1st Additional Sessions Judge, Samastipur in connection with Chakmehsi P.S. Case No. 56 of 2011 subject to the conditions (i) that both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority (iii) that he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he shall immediately inform the court and request that he may be permitted to be present through counsel (iv) that liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this court. Md.S./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 313

Statute Text:
Section 313 of the Indian Penal Code. Causing miscarriage without woman's consent. Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.