Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9654 of 2012 ====================================================== 1. Pyare Sao, 2. Kaushalya Devi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 28-03-2012 Heard learned counsels for the petitioners and the State. The petitioner no. 1 being the husband and petitioner no. 2 being the second wife are apprehending arrest in a complaint case in which cognizance has been taken under [STATUTE] . The petitioner was married with the complaint in 1968. The second marriage was performed in 1978 whereas the present complaint has been lodged on 2010. It is submitted that still the complainant is ready to reside with the petitioner and the petitioner undertakes to keep the complainant as wife with full dignity and honour. Considering the above stand, let the above named petitioners 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 Patna High Court Cr.Misc. No.9654 of 2012 (2) dt.28-03-2012 2 / 2 2 bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of J.M. Ist Class, Jehanabad in Complaint Case no. 1009 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 no. 1 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 either in case the matrimonial harmony is substantially restored or if the complainant deliberately refuses to reside with the petitioner. It is made clear that in case the complainant refuses to reside with the petitioner, then the bail bond of the petitioner no. 1 shall be confirmed only on payment of Rs.1000/ per month to the complainant as maintenance by the petitioner no. 1 and three consecutive default in making payment will give liberty to the complainant to file application for cancellation of bail of the petitioner no. 1. Anil/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.