Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13693 of 2012 ====================================================== Ajay Mishra .... .... Petitioner/s Versus The State Of Bihar & Anr. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 17-04-2012 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of torture for non-fulfillment of the dowry demand. It is submitted by learned counsel for the petitioner that the petitioner is ready to keep the informant as wife with full dignity and honour, however it is submitted by learned counsel for the informant that the petitioner has performed second marriage when it is submitted by learned counsel for the petitioner that since there was no issue from the informant, hence with the consent of the informant, second marriage was performed which is being denied by the informant, even then she is ready to reside with the petitioner. Considering the stands of the parties, let the above Patna High Court Cr.Misc. No.13693 of 2012 (2) dt.17-04-2012 2/2 named petitioner 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, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah (West Champaran) in connection with Shikarpur (SKP) P.S. Case No. 218 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. Both sides agree to appear before the leaned court below on 28th of May, 2012 when 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 if the matrimonial harmony is substantially restored or if the complainant deliberately refuses to reside with the petitioner. Amrendra/- (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.