Case Facts:
Patna High Court Cr.Misc. No.3742 of 2012 (2) dt.25-01-2012 1/2 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3742 of 2012 ====================================================== 1. Sudhir Chouhan @ Sudhir Kumar Chouhan, S/O Dilechand Chauhan, Resident of Village- Bariarpur, P.S.- Pakribrawan, District- Nawada .... .... Petitioner Versus 1. The State Of Bihar 2. Indu Devi, D/O Rambrish Chauhan, Resident Of Village- Pati Beldriya, P.S.- Kawakole, District- Nawada .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) 2 25-01-2012 The petitioner apprehends his arrest in connection with complaint case no.944 of 2008 for the offence punishable under [STATUTE] . and Section 4 of the Dowry Prohibition Act. It is submitted that the allegation against the petitioner to have demanded a sum of Rs.25,000/- and a motorcycle as dowry. It is further submitted that the petitioner has been falsely implicated in this case. He wants to lead conjugal life with his wife, the complainant Indu Devi. But the complainant was not ready to live with him. As such, he had filed Divorce Case No.33/2009. The learned counsel for the petitioner further submits Patna High Court Cr.Misc. No.3742 of 2012 (2) dt.25-01-2012 2/2 that the petitioner will withdraw the aforesaid divorce case and will lead conjugal life with her (opposite party no.2) and he will also maintain her with full dignity and honour. The learned counsel for the State submits that the petitioner should take steps for restitution of the conjugal right before the court below. Considering the facts and circumstances of the case, in the event of arrest or surrender, the petitioner will be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Nawada for a period of six months subject to the condition as laid down under Section 438 (2) of the Cr.P.C. In the meantime, the petitioner will take suitable steps for restitution of conjugal rights. The learned Chief Judicial Magistrate, Nawada will direct the petitioner and the complainant to appear before the Conciliation Centre for the redressal of their grievance. In case the reconciliation fails, the petitioner will surrender before the learned Chief Judicial Magistrate/ concerned court, who will pass the order considering the facts and circumstances of the case. V.K.Pandey (Amaresh Kumar Lal, J.)

Applicable IPC Section: 498

Statute Text:
Section 498 of the Indian Penal Code. Enticing or taking away or detaining with a criminal intent a married woman. Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.