Case Facts:
Patna High Court Cr.Misc. No.40068 of 2011 (4) dt.11-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40068 of 2011 ====================================================== Raja Kumar, S/o Bijali Bhagat, resident of Village- Kankatti, P.S. Mahashi, District- East Champaran. .... .... Petitioner. Versus 1. The State of Bihar. 2. Nirma Kumari, D/o Jagdish Prasad, resident of Village- Semoipatti, P.S. Minapur, District- Muzaffarpur. 3. Nirmala Kumari, W/o Dara Kumar, resident of Village- khavika, P.S. Ininapur, District- Muzaffarpur. .... .... Opposite Parties. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 11-09-2012 Heard learned counsel for the petitioner and learned counsel for the State. Notice issued. Notice received by the father of Opposite Party No. 2. The petitioner is apprehending his arrest in connection Complaint Case No. 2990 of 2008, Trial No. 1600 of 2011, registered under [STATUTE] and Section 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that petitioner is ready to keep the complainant with due dignity. However, from the order of the Sessions Judge there is specific averment that complainant is still ready to live with the petitioner. Having regard to the facts and circumstances of the case, the above named petitioner in the event of his arrest/surrender within a period of four weeks from the date of receipt of order Patna High Court Cr.Misc. No.40068 of 2011 (4) dt.11-09-2012 shall 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 Sub-Divisional Judicial Magistrate (East) Muzaffarpur, in connection with Complaint Case No. 2990 of 2008/Trial No. 1600 of 2011, subject to condition as laid down under Section 438 (2) of Cr.P.C. with a further condition that petitioner shall keep the complainant with due dignity and neither assault her nor subject her to cruelty and trial court after due satisfaction that petitioner is ready to keep the complainant with due dignity shall confirm the bail bond of the petitioner. However, any violation of condition shall be ground for cancellation of bail bond of the petitioner. 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.