Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23096 of 2012 ====================================================== Naseer Quaraisi @ Naseer, S/O Rahim Quaraisi, resident Of Village- Chhota Beldari, P.S.- Bettiah Muffasil, District- West Champaran. .... .... Petitioner. Versus The State Of Bihar & Anr .... .... Opposite Parties. ====================================================== with Criminal Miscellaneous No.21388 of 2012 ====================================================== 1. Rahim Quarasi S/O Late Rahman Quarasi, resident Of Village- Chhota Beldari, P.S.- Bettiah Muffasil, District- West Champaran. 2. Umran Khatoon, W/O Rahim Quarasi, resident Of Village- Chhota Beldari, P.S.- Bettiah Muffasil, District- West Champaran. 3. Rehana Khatoon, D/O Rahim Quarasi, resident Of Village- Chhota Beldari, P.S.- Bettiah Muffasil, District- West Champaran. 4. Afasana Khatoon, D/O Rahim Quarasi, resident Of Village- Chhota Beldari, P.S.- Bettiah Muffasil, District- West Champaran .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 05-11-2012 None appears for the petitioners and the State. The petitioners being the husband, parents and sisters of the husband of the informant are apprehending their arrest in a case registered for the offences punishable under [STATUTE] and ¾ of the Dowry Prohibition Act. Patna High Court Cr.Misc. No.23096 of 2012 (3) dt.05-11-2012 2 / 3 2 The accusations are of torture and demand of dowry. It is submitted by learned counsel for the informant that though the husband Naseer Quaraisi @ Naseer has performed second marriage even then the informant is ready to resume conjugal life. In the circumstances, the petitioner Naseer Quaraisi @ Naseer be released on provisional anticipatory bail for one year and the petitioners Rahim Quarasi, Umran Khatoon, Rehana Khatoon and Afasana Khatoon be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Chanpatia P.S. Case No. 36 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Bettiah, West Champaran, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioner Naseer Quaraisi @ Naseer and the informant shall appear before the learned court below on 03.12.2012 when the petitioner Naseer Quaraisi @ Naseer will take back the informant to her matrimonial house to keep her as wife with full dignity and honour. Patna High Court Cr.Misc. No.23096 of 2012 (3) dt.05-11-2012 3 / 3 3 The provisional bail of the petitioner Naseer Quaraisi @ Naseer will be confirmed by the learned court below in three eventualities if the matrimonial harmony is restored substantially within one year or the wife deliberately refuses to reside with the petitioner Naseer Quaraisi @ Naseer or she fails to appear before the learned court below. U.K./- (Dinesh Kumar Singh, J)

Applicable IPC Section: 315

Statute Text:
Section 315 of the Indian Penal Code. Act done with intent to prevent a child being born alive, or to cause it to die after its birth. Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.