Case Facts:
Patna High Court Cr.Misc. No.22725 of 2012 (2) dt.26-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22725 of 2012 ====================================================== Pramod Thakur, S/O-Prasadi Thakur .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 26-06-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being husband of the victim lady is languishing in jail custody since 12.02.2012 in a case registered under [STATUTE] and ¾ of Dowry Prohibition Act. Admittedly, the victim has already returned to her parental home. Therefore, [STATUTE] is not applicable. So far as allegation of torturing as well as illegal demand is concerned, the marriage of petitioner had taken place with victim 15 years ago and after marriage victim had given birth to two children. Learned counsel for the petitioner submits that petitioner has not solemnized his second marriage and he has filed a matrimonial suit for restitution of conjugal right and furthermore, petitioner had expressed his willingness to keep the Patna High Court Cr.Misc. No.22725 of 2012 (2) dt.26-06-2012 victim with him with full honour and dignity before the learned Sessions Judge which is evident from perusal of the impugned order but it was victim who refused to lead her conjugal life with the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 315 of 2011. SHAHZAD/- (Hemant Kumar Srivastava, 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.