Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14179 of 2012 ====================================================== Arun Singh @ Arun Kumar Singh, Son of Late Rajendra Singh, resident of Village- Bhadauns, P.S. Sheikhpura (Sirari) in the district of Sheikhpura. .... .... Petitioner. Versus 1. The State of Bihar. 2. Smt. Nirmala Devi, wife of Sri Arun Kumar Singh and daughter of Sri Sukhdeo Singh, resident of Village- Manipur Chak, Piri Bazar Abhaypur, P.S. Abhaypur Piri Bazar in the district of Lakhisarai. .... .... Opposite Parties. ====================================================== with Criminal Miscellaneous No.14266 of 2012 ====================================================== Arun Singh @ Arun Kumar Singh, Son of Late Rajendra Singh, resident of Village- Bhadauns, P.S. Sheikhpura (Sirari) in the district of Sheikhpura. .... .... Petitioner. Versus 1. The State of Bihar. 2. Smt. Nirmala Devi, wife of Sri Arun Kumar Singh and daughter of Sri Sukhdeo Singh, resident of Village- Manipar Chak, Piri Bazar Abhaypur, P.S. Abhaypur Piri Bazar in the district of Lakhisarai. .... .... Opposite Parties. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 10-09-2012 Heard learned counsels for the petitioner, informant/complainant and the State. The petitioner being the husband of the informant/complainant is apprehending his arrest in a police case registered for the offences punishable under [STATUTE] as well as in a complaint case in which cognizance has been taken for the offences punishable under Section 498(A)/34 of the Indian Penal Code. The basic accusations are of torture and Patna High Court Cr.Misc. No.14179 of 2012 (3) dt.10-09-2012 2 / 3 2 performing second marriage by the petitioner. The petitioner admits the second marriage but submits that it was performed with consent of the informant/complainant about ten years ago. It is submitted by learned counsel for the informant/complainant that she has a major girl, Rimjhim Kumari who is at present residing with her and the petitioner is not taking care for marriage of the daughter and is selling properties at the native place. Petitioner is ready to pay Rs. 5,000/- (Rupees Five Thousand) per month to the informant/complainant from November 2012, by depositing the same in her bank account by second week of every month and will further deposit in the daughter’s bank account Rs. 5,00,000/- (Rupees Five Lacs)for marriage of the girl, Rimjhim Kumari within a period of one year from the date of receipt of copy of this order. The offer is acceptable to the informant/complainant who undertakes to supply her bank account number as well as bank account number of her daughter Rimjhim Kumari by filing the same on affidavit within a period of two weeks before the learned court below. Considering the stand of the parties, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned Patna High Court Cr.Misc. No.14179 of 2012 (3) dt.10-09-2012 3 / 3 3 court below within a period of twelve weeks from today in connection with Sheikhpura(Sirari) P.S. Case No. 365 of 2011 and Complaint Case No. 197(C) of 2010 respectively on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sheikhpura, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The aforesaid payments will be subject to any order being passed in matrimonial or maintenance proceedings. Three consecutive defaults in making payment of monthly installments or two months delay after stipulated time in making payment of Rs. 5,00,000/- (Rupees Five Lacs) will give liberty to the informant/complainant or the daughter Rimjhim Kumari to file an application for cancellation of bail of petitioner. Both sides agree to file appropriate application for mutual divorce after the marriage of the daughter of the petitioner. U.K./- (Dinesh Kumar Singh, J)

Applicable IPC Section: 498A

Statute Text:
Section 498A of the Indian Penal Code. Punishment for subjecting a married woman to Cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.