Case Facts:
Patna High Court Cr.Misc. No.5433 of 2012 (2) dt.24-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5433 of 2012 ====================================================== Md. Gulam Nabi .... .... Petitioner. Versus The State Of Bihar & Anr. .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 24-02-2012 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and 3/4 of the D. P. Act. On instructions, learned counsel for the petitioner submits that the petitioner is ready to keep the informant as wife with full dignity and honour. Hence, the accusation is not being deliberated. Considering the stand of the petitioner, let the petitioner, above named, be released on provisional anticipatory bail for one year in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Chak Mehasi P.S. Case No. 108 of 2011 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount Patna High Court Cr.Misc. No.5433 of 2012 (2) dt.24-02-2012 each to the satisfaction of the learned C.J.M., Samastipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Let the learned court below issue notice to the informant and on her appearance the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed by the learned court below in two eventualities if the matrimonial harmony is restored substantially within one year or the wife deliberately refuses to reside with the petitioner. U.K./- (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.