Case Facts:
Patna High Court Cr.Misc. No.42480 of 2012 (2) dt.12-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42480 of 2012 ====================================================== 1. Raj Kumar Poddar S/O Late Devki Poddar Resident Of Village- Dharmpur Bande, P.S.- Patori, District- Samastipur, At Present- 27 No. Rajab Ali Lane, P.O. & P.S.- Khidirpur, North Chakmir, District- Kolkatta (W.B.) 2. Nirmala Devi W/O Raj Kumar Poddar Resident Of Village- Dharmpur Bande, P.S.- Patori, District- Samastipur, At Present- 27 No. Rajab Ali Lane, P.O. & P.S.- Khidirpur, North Chakmir, District- Kolkatta (W.B.) .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 12-12-2012 At the outset, it is submitted that petitioner no. 2 is dead, hence, this application has become infructuous so far as it relates to petitioner no. 2. Heard learned counsels for the petitioner and the State. The petitioner no. 1 is apprehending arrest in a complaint case in which cognizance has been taken under [STATUTE] . The accusation is of torture and performing second marriage. It is submitted that though the case was instituted in 2001 and cognizance was taken in the year 2004 but since the petitioner no. 1 was residing in Kolkata and his wife was suffering Patna High Court Cr.Misc. No.42480 of 2012 (2) dt.12-12-2012 from cancer, hence he was not aware of the present case. It is further submitted that the husband of the complainant has been granted bail and the complainant has performed second marriage. Considering the aforesaid facts, let the above named petitioner no. 1 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 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Samastipur in connection with complaint case no. 69 of 2001 subject to the conditions as laid down under Section 438(2) Cr.P.C. Anil/- (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.