Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15035 of 2012 ====================================================== Prabhu Ojhaiya .... .... Petitioner/s Versus The State Of Bihar & Anr. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 19-09-2012 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which cognizance has been taken under [STATUTE] and Section 3/4 of the Dowry Prohibition Act. The accusations are of torture and performing second marriage. It is submitted by learned counsel for the petitioner that second marriage was performed fifteen years prior to the filing of the complaint and petitioner is ready to maintain the complainant and also undertakes to bear all the expenses of the marriage of the daughter of the complainant. The petitioner is ready to pay Rs. 1,000/- per month to the complainant from November, 2012 by depositing the same in the bank account of the complainant by second week of every month and to pay expenses of the marriage of the daughter of the Patna High Court Cr.Misc. No.15035 of 2012 (4) dt.19-09-2012 2/2 complainant when the marriage will be fixed. The offer of the petitioner is acceptable to the counsel appearing on behalf of the complainant who undertakes to supply bank account number of the complainant to the petitioner by filing the same on affidavit before the learned court below. Considering the stand of the petitioner, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 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 the learned Sub-divisional Judicial Magistrate, Bettiah, West Champaran in connection with Complaint Case No. 237C of 2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceeding. Three consecutive defaults in making payment by the petitioner will give liberty to the complainant to file an application for cancellation of bail of 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.