Case Facts:
Patna High Court Cr.Misc. No.28375 of 2012 (3) dt.14-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28375 of 2012 ====================================================== Deepak Kumar Nag .... .... Petitioner/s Versus 1. The State Of Bihar 2. Nandu Devi .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 14-12-2012 Heard learned counsels for the petitioner, the State and the complainant. The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] and 3/4 of Dowry Prohibition Act. The accusation is of torture and performing second marriage. It is submitted by learned counsel for the petitioner that since there is no issue from the complainant, hence, with the consent of the complainant the second marriage was performed about 15 years ago and from the second marriage there are three children. It is submitted by learned counsel for the complainant that she was driven out from the Patna High Court Cr.Misc. No.28375 of 2012 (3) dt.14-12-2012 matrimonial house in 2008. In the circumstances, the reconciliation is not feasible at present. The marriage of the petitioner with the complainant is admitted. It is submitted by learned counsel for the petitioner that the petitioner is suffering from kidney failure. In the circumstances, the petitioner undertakes to divide 50% of his property including the ancestral property and give it to the complainant. The offer is acceptable to the complainant, who is present in Court. Considering the present stand of the parties, let the above named petitioner be released on provisional anticipatory bail for one year in the event of his 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 SDJM, Daudnagar, Aurangabad in connection with Complaint Case No. 471 of 2011, subject to the conditions as laid down under Section 438(2) of the Patna High Court Cr.Misc. No.28375 of 2012 (3) dt.14-12-2012 Cr.P.C. The provisional bail of the petitioner will be confirmed by the learned court below within one year, if the petitioner files appropriate affidavit giving the details declaring that he has given 50% of the entire property including the ancestral property to the complainant and the complainant files affidavit to the effect that she has been given 50% of the entire property including the ancestral property by the petitioner. DKS/ (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.