Case Facts:
Patna High Court Cr.Misc. No.25420 of 2012 (2) dt.03-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25420 of 2012 ====================================================== Md. Kamal @ Md. Kalam .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 03-08-2012 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] and sections 3 and 4 of the Dowry Prohibition Act. It is submitted 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 above 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, Katihar in connection with Barari (Semapur) P.S. Case No. 39 of 2012 subject to the conditions as laid down Patna High Court Cr.Misc. No.25420 of 2012 (2) dt.03-08-2012 under Section 438(2) Cr.P.C. Let the learned court below issue notice to the informant for her appearance 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 informant deliberately refuses to reside with the petitioner. Anil/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 497

Statute Text:
Section 497 of the Indian Penal Code. Adultery. Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.