Case Facts:
Patna High Court Cr.Misc. No.35505 of 2012 (2) dt.19-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35505 of 2012 ====================================================== Sanjeev Kumar Giri @ Sanjeev Giri .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kishore Jha, Advocate For the Opposite Party/s : Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 19-09-2012 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending arrest in a complaint case in which cognizance has been taken under [STATUTE] and section 4 of the Dowry Prohibition Act. It is submitted that the petitioner has not performed second marriage and is ready to keep the complainant 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 Patna High Court Cr.Misc. No.35505 of 2012 (2) dt.19-09-2012 SDJM Vaishali at Hajipur in connection with Complaint Case No. C 1- 666 of 2010 subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the learned court below issue notice to the complainant for her appearance when the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed by the learned court below if the matrimonial harmony is substantially restored or if the complainant deliberately refuses to reside with the petitioner. The provisional bail will not be confirmed if the conclusive proof comes that the petitioner has performed second marriage. Anil/- (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.