Case Facts:
Patna High Court Cr.Misc. No.22842 of 2011 (5) dt.27-01-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22842 of 2011 ====================================================== Abhay Nath Das, S/o Late Tej Narayan Das. .... .... Petitioner/s Versus The State Of Bihar & Anr. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER (Per: HONOURABLE JUSTICE SMT. ANJANA PRAKASH) 05. 27.01.2012 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under [STATUTE] and Sections 3 and 4 of the Dowry Prohibition Act. It has been submitted that despite notices to the Opposite Party No. 2 having been validly served she has chosen not to appear before this Court. The contention of the petitioner is that the entire allegations are false and petitioner’s wife is not ready to live with him and, therefore, she is seeking valid ground for the same. Considering the same, let the petitioner, above named be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Additional Chief Judicial Magistrate, Benipur, Darbhanga in connection with Bahera P.S. Case No. 228 of 2010 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:- (i) That one of the bailors will be a close relative of Patna High Court Cr.Misc. No.22842 of 2011 (5) dt.27-01-2012 2 the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iii) That the petitioner will be physically present on each date of trial and if he fails to do so on two consecutive dates without reasonable cause, his bail shall stand automatically cancelled. The petitioner volunteers to deposit Rs. 500/- (Five Hundred Rupees) per month in the court below firstly within 15 days of release on anticipatory bail and subsequently by 15th every month which the wife of the petitioner will be at liberty to withdraw without prejudice the right of the parties. In case he fails to do on two consecutive months his bail shall stand automatically cancelled. Vikash/- (Anjana Prakash, 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.