Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17849 of 2012 ====================================================== 1. Shah Jahan @ Shagjahan 2. Md. Moti 3. Rukhsana Khatoon .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.17900 of 2012 ====================================================== Md. Kamraj .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 14.05.2012 Heard learned counsels for the petitioners and the State. The petitioners being the family members of the husband of the informant and the husband himself are apprehending his arrest in a case registered for the offences punishable under [STATUTE] and 3/4 of Dowry Prohibition Act. The accusation is that earlier a case with accusation under [STATUTE] was filed which ended into compromise. Subsequently the Patna High Court Cr.Misc. No.17849 of 2012 (2) dt.14-05-2012 2/3 informant got pregnant and demand was also made and she was assaulted and her pregnancy got terminated. It is submitted by learned counsel for the petitioners that in the earlier case there was no compromise and informant never came at her matrimonial house and then the present case has been filed and there is no proof with regard to the demand and termination of pregnancy. It is further submitted that there is no injury report available on the record and the petitioner husband is still ready to keep the informant as wife with full dignity and honour. In the circumstances, let the petitioner husband Md. Kamraj of Cr. Misc. No. 17900 of 2012 be released on provisional anticipatory bail for one year in the event of his 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 Chief Judicial Magistrate, Darbhanga in connection with Hayaghat P.S. Case No. 03 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Patna High Court Cr.Misc. No.17849 of 2012 (2) dt.14-05-2012 3/3 Let the learned court below issue notice to the informant for her appearance when the petitioner will take the informant too her matrimonial home to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed within one year by the learned court below on substantial restoration of the matrimonial harmony or if the informant deliberately refuses to reside with the petitioner. So far other petitioners are concerned, considering the stand of the husband, let the above named petitioners of Cr. Misc. No. 17849 of 2012 be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Darbhanga in connection with Hayaghat P.S. Case No. 03 of 2012, subject to the conditions laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh 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.