Case Facts:
Patna High Court Cr.Misc. No.20391 of 2009 (16) dt.30-04-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20391 of 2009 ====================================================== Shyam Sundar Mahto, son of Sri Satynarain Mahto, resident of Mohalla Sahganj Benta, P.S. Laheriasarai, district Darbhanga .... Petitioner Versus State Of Bihar .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. S.M.Shabbir Alam For the informant : Mr. N.K. Agrawal, Sr. Adv. with Mr. D.N.Tewari, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 16 30-04-2012 Heard learned counsel for the petitioner, the informant and the State. This is an application for grant of anticipatory bail for offence under [STATUTE] and 3 and 4 of the Dowry Prohibition Act. The learned counsel for the petitioner submits that the parties have compromised in terms that the petitioner shall give the space for the residence of the informant and will give maintenance worth Rs.1,000/- per month and will neither assault her nor subject her to cruelty. The learned counsel for the informant, however, submits that he has no instruction. However, having regard to long pendency, since 2009, in the facts and circumstances of the case, in the event of arrest or surrender of the petitioner, he is directed to be released on anticipatory bail, within four weeks, from the date of receipt of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Ghoghardiha P.S. Case No. 22 of 2009 (G.R. No. 211 of 2009) to the satisfaction of the Additional Chief Judicial Magistrate, Jhanjharpur, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code and in terms of the condition entered into between the parties to the effect, as disclosed by the learned counsel for the petitioner that the informant, if so desires have a right of residence in the house of Patna High Court Cr.Misc. No.20391 of 2009 (16) dt.30-04-2012 2 the petitioner and will have a separate residence with no interference by either the petitioner or his family members and will got a maintenance worth Rs.1,000/- per month. However, any violation of the conditions of compromise, as stated by the learned counsel for the petitioner, the trial Court shall proceed for cancellation of bail bond. SA/- (Gopal Prasad, 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.