Case Facts:
Patna High Court Cr.Misc. No.32395 of 2011 (4) dt.04-09-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32395 of 2011 ====================================================== 1. Sanjay Bhagat S/O Late Jamuna Bhagat R/O Sangrampur, P.S. Sangrampur, District – Munger .... Petitioner Versus 1. The State Of Bihar 2. Saveta Devi, w/o Sanjay Bhagat, R/O Sangrampur, P.S. Sangrampur, District – Munger, at present residing as d/o Jagrnath Prasad Bhagat, resident of village Mohanganj Tarapur, district Munger .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 04-09-2012 Heard learned counsel for the petitioner and the State. This is a petition for grant of anticipatory bail for offence under [STATUTE] and 3 and 4 of the Dowry Prohibition Act. There is allegation of demand and subjecting cruelty. The learned counsel for the petitioner submits that the petitioner is not ready to keep the victim-wife, however, he is ready to pay Rs.2,000/- per month as maintenance for the time being till the maintenance is decided by the competent Court. The learned counsel for the petitioner submits that the children are living with the petitioner, but the learned counsel for the informant disputes the fact. It has been submitted that if the children are being maintained by the petitioner, then, Rs.2,000/- to the sole informant will be harsh for the petitioner. However, be that it may, having regard to the facts and circumstances of the case, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bound of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sangrampur P.S. Case No. 38 of 2011 to the satisfaction of the Chief Judicial Magistrate, Munger, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code and further condition that the petitioner will pay Rs.2,000/- per month as maintenance to the victim-wife at the time of acceptance of the bail bond and will go on depositing Rs.2,000/- per month till higher maintenance decided by the competent Court. However, in Patna High Court Cr.Misc. No.32395 of 2011 (4) dt.04-09-2012 2 the meantime, the informant shall appear in the divorce case filed by the petitioner and will pray for higher maintenance and if a higher maintenance is determined, then, this order of payment of Rs.2,000/- per month as maintenance shall merge with the order decided by the Family Court where the divorce petition is pending. However, till the maintenance is decided by the competent Court, the petitioner shall go on depositing Rs.2,000/- per month as maintenance to the victim-wife. SA/- (Gopal Prasad, J)

Applicable IPC Section: 380

Statute Text:
Section 380 of the Indian Penal Code. Theft in a building, tent or vessel. Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.