Case Facts:
Patna High Court Cr.Misc. No.21870 of 2011 (4) dt.03-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21870 of 2011 ====================================================== Md. Rizwan @ Md. Rizwan Khan, S/o Md. Kabir Khan, resident of Village- Pirganj, P.O. Jharbitta, P.S. Kishanpur, District- Supaul. .... .... Petitioner. Versus 1. The State of Bihar. 2. Bibi Gulshan Khatoon, W/o Md. Rizwan Khan, D/o Late Md. Ayub Khan, R/o Village- Nauhatta (Madrasa Tola), P.S. Nauhatta, District- Saharsa. .... .... Opposite Parties. ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 03-05-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is apprehending his arrest in connection with Complaint Case No. 341C of 2010, registered under [STATUTE] and Section 4 of Dowry Prohibition Act. Learned counsel for the petitioner submits that petitioner is ready to keep the complainant with due dignity. However, if the complainant is not ready to live with the petitioner, then he will ready to pay maintenance Rs. 500/- per month. Learned counsel for the complainant submits that complainant is not ready to live with the petitioner as the Patna High Court Cr.Misc. No.21870 of 2011 (4) dt.03-05-2012 petitioner has married with another lady and she has already filed a maintenance case. Having regard to the facts and circumstances, the above named petitioner in the event of his arrest/surrender within a period of four weeks from today shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Saharsa in connection with Complaint Case No. 341C of 2010, subject to condition as laid down under Section 438 (2) of Cr.P.C. with a further condition that petitioner will appear in the Maintenance Case within one month and will pay maintenance Rs. 500/- per month till higher maintenance is decided by the competent court. Further, the petitioner will appear on personally on each and every date fixed in this case and not remain absent on two consecutive dates and any absence of the petitioner shall be ground for cancellation of bail bond of the petitioner subject to satisfaction of the court below and trial court shall proceed with the trial on day to day basis for early disposal of the case. m.p. (Gopal Prasad, 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.