Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43737 of 2011 ====================================================== 1. Farooq @ Farooq Alam, Son of Yasin. 2. Azad @ Md. Azad Hussain. Both are residents of Village- Galgalia Pool, P.S.Pothia, District- Kishanganj. .... .... Petitioners. Versus 1. The State Of Bihar. 2. Beraful, W/O Farooq Alam, resident of village- Galgaliya Pul, P.S. Pothia, District- Kishanganj. .... .... Opposite Parties. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 11-04-2012 Heard learned counsels for the petitioners and the State. The present application has been filed for modification of order dated 28.04.2011 passed in Cr. Misc. No. 6181 of 2011 whereby petitioner no.1 was granted provisional anticipatory bail for six months in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] when the learned court below was to issue notice to the complainant and on her appearance petitioner no.1 was to take back the complainant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of petitioner no. 1 was to be confirmed by the learned Patna High Court Cr.Misc. No.43737 of 2011 (4) dt.11-04-2012 2 / 3 2 court below on substantial restoration of matrimonial harmony within six months or if the complainant refuses to reside with petitioner no.1. It appears from the order dated 05.11.2011 passed in Complaint Case No. C450 of 2007 that the complainant appeared and she was ready to resume conjugal life with petitioner no.1 but the petitioner no.1 failed to appear hence his bail bond was cancelled on 05.11.2011 by the learned court below which was well within time. As prayed for one chance more is being given to petitioner no.1 to appear on 07.05.2012 before the learned court below when the learned counsel for the complainant undertakes that the complainant shall also appear when petitioner no.1 will take the complainant to her matrimonial house. The petitioner no.1 is permitted to remain on provisional anticipatory bail till 30.06.2012. After 07.05.2012 the learned court below will confirm the provisional anticipatory bail of petitioner no.1 on substantial restoration of matrimonial harmony or if the complainant refuses to reside with petitioner no.1. In view of this Court, the order dated 05.11.2011 passed in Complaint Case No. C450 of 2007 by the learned court below is set-aside and Patna High Court Cr.Misc. No.43737 of 2011 (4) dt.11-04-2012 3 / 3 3 modification application is allowed. Let petitioner no.1 furnish fresh bail bond before the learned court below. It is made clear that in any circumstances, no further modification application on behalf of petitioner no.1 will be entertained by this Court. Let the order be communicated through fax to the learned C.J.M., Kishanganj in connection with Complaint Case No. C450 of 2007 at the cost of the petitioner No.1. U.K./- (Dinesh Kumar Singh, J)

Applicable IPC Section: 504

Statute Text:
Section 504 of the Indian Penal Code. Insult intended to provoke breach of the peace. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.