Case Facts:
Patna High Court Cr.Misc. No.38171 of 2011 (9) dt.05-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38171 of 2011 ====================================================== 1. Md. Faizur Rub, son of Late Md. Siddiki 2. Amna Khatoon, wife of Md. Faizar Rub 3. Md. Amaduddin, son of Md. Faizur Rub 4. Habiba Khatoon, D/o – Md. Faizur Rub All are resident of village Bhauwara (Ragho Nagar), Ward No. 22, P.S. – Town Madhubani, District – Madhubani. 5. Rokhasana Khatoon, wife of Md. Mumtaz @ Md. Mumtaz Ahmad @ Sultan. 6. Md. Mumtaz Ahmad @ Md. Mumtaz @ Sultan, son of Md. Aezaz, resident of village – Rahika, P.S. – Rahika, District – Madhubani. .... .... Petitioner/s Versus 1. The State of Bihar 2. Safina Khatoon, wife of Md. Ziyauddin, resident of village Ragho (Bhauwara) Ward No. 22, P.S. – Town Madhubani, District – Madhubani. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 9 05-03-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. The petitioners, apprehending their arrest in connection with a case registered for the offence punishable under [STATUTE] , are named accused in this case being in-laws of the informant with allegation of demand of dowry, torture etc. Submission is of false implication with exaggerated general and omnibus allegations and husband of the informant has already been released after brief detention in pursuance of order dated 07.02.2012 passed in Cr. Misc. No. 486/2012 by another Patna High Court Cr.Misc. No.38171 of 2011 (9) dt.05-03-2012 Bench of this court. In view of the above, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani, in connection with Town Madhubani P.S. Case No. 230/2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition with regard to petitioner nos. 1, 3 and 6 to remain physically present before the court below on each and every date till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, J.)

Applicable IPC Section: 313

Statute Text:
Section 313 of the Indian Penal Code. Causing miscarriage without woman's consent. Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.