Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24261 of 2012 ====================================================== Saiyad Alam .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 02-08-2012 Heard learned counsels for the petitioner and the State. This application has been placed before this Court in view of the order dated 04.07. 2012 passed by a co-ordinate Bench of this Court and administrative order dated 11.07.2012 of Hon’ble the Chief Justice. The petitioner is apprehending his arrest in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] . The accusation is of establishing forceful physical relationship with the sister-in-law of the informant when the marriage was promised. The complainant is a widow lady. The prayer has been Patna High Court Cr.Misc. No.24261 of 2012 (3) dt.02-08-2012 2/3 renewed on the ground that under misconception the earlier anticipatory bail application was considered to have been registered under [STATUTE] vide Cr. Misc. No. 20456 of 2011. Though the complaint was lodged under the aforesaid provisions but the cognizance has been taken under [STATUTE] . It is submitted by learned counsel for the petitioner that the complainant has entered into compromise with the petitioner. In view of this Court, it is a case for consideration of regular bail if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Complaint Case No. 1312 of 2010 pending in the court of learned Judicial Magistrate, Ist Class, Katihar. It is expected from the learned court below to dispose of the regular bail application of the petitioner preferably on the same day. With the aforesaid observation, this application is disposed of. Let the order be transmitted to the Patna High Court Cr.Misc. No.24261 of 2012 (3) dt.02-08-2012 3/3 learned court below through fax at the cost of the petitioner. DKS/ (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.