Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19317 of 2012 ====================================================== 1. Shankar Prasad S/O Bishun Mahto R/O Village - Bishunpur, P.S. Govindpur, District - Nawada .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 20-06-2012 Heard learned counsel for the petitioner and the State. The petitioner being the husband is apprehending his arrest in a case registered for offence punishable under [STATUTE] . Accusation is of torture and second marriage. Marriage was performed on 26.5.2004. It is stated by the learned counsel for the petitioner that petitioner earlier filed a divorce case being Matrimonial Case No. 227 of 2010 when the present case has been filed on 24.11.2011. The petitioner is ready to pay Rs.1,000/- per month from August, 2012 and Patna High Court Cr.Misc. No.19317 of 2012 (2) dt.20-06-2012 2 / 3 2 will deposit the same in the bank account of the complainant by the second week of every month. It is directed to the learned counsel for the petitioner that a copy of this order will be served upon the complainant within a period of three weeks and the complainant will supply her bank account number within a period of three weeks from the date of receipt of a copy of this order by filing an affidavit to the learned court below. The aforesaid payment will be subject to the order passed in the matrimonial case. Considering the fact that petitioner has filed matrimonial case and is also ready to pay the aforesaid amount per month, let petitioner named above be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with the Complaint Case No.1166 of 2011 on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Nawada, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. However, it is made clear that failure to make payment in three consecutive months by the petitioner will Patna High Court Cr.Misc. No.19317 of 2012 (2) dt.20-06-2012 3 / 3 3 give liberty to the complainant to file an application for cancellation of the bail of the petitioner. sudip/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 494

Statute Text:
Section 494 of the Indian Penal Code. Marrying again during the life-time of a husband or wife. Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.