Case Facts:
Patna High Court Cr.Misc. No.30242 of 2012 (2) dt.06-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30242 of 2012 ====================================================== Md. Shamim @ Bhuttu, son of Md. Hussain, resident of Village- Mahboob Khan Tola, Purnea, P.S. K. Hat, District- Purnea. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 06-08-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Araria P.S. Case No. 120 of 2012, registered under [STATUTE] and Section 3/4 of Dowry Prohibition Act. The petitioner is the husband of the complainant. It is alleged that she was subjected to cruelty. However, there is no injury report. Learned counsel for the petitioner submits that petitioner is ready to keep the complainant with due dignity. He has further contended that petitioner has filed a petition for restitution of conjugal rights, but the complainant is not ready to live with the petitioner. It has further been contended that complainant had earlier filed a complaint under Section 498 A. Patna High Court Cr.Misc. No.30242 of 2012 (2) dt.06-08-2012 Having regard to the facts and circumstances of the case, the above named petitioner is directed to 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 Chief Judicial Magistrate, Araria, in connection with Araria P.S. Case No. 120 of 2012, subject to condition that one of the bailors shall be near relative of the petitioner. Further condition that petitioner shall keep the complainant with due dignity and neither assault her nor subject her to cruelty. However, if the complainant is not ready to live with the petitioner in such case then trial court shall granted bail to the petitioner on the condition as mentioned above and trial shall proceed on day to day basis. 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.