Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44543 of 2011 ====================================================== Sayed Mohammad Salim @ Md. Salim, son of Late Md. Yasin, resident of village – Mahpur, P.S. – Hussainganj, District – Siwan. At present Imam Ka Bari, No. 3 Gumti, Bauropara Chowk, Basberia, P.S. – Mangara, District – Hoogli (West Bengal). .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Chandramauli Pd. Singh For the complaint-informant : Mr. Kaushal Kishore Mishra For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 06-03-2012 Heard learned counsel for the petitioner, learned counsel for the complainant informant and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under [STATUTE] and ¾ of Dowry Prohibition Act, is named accused in this case being husband of the informant with allegation of demand of dowry, torture etc. Submission on behalf of the Bar is that the couple is ready and willing to join the company of each other and reside together. Considering the facts and circumstances of the case, in the event of petitioner filing duly verified petition supported with personal affidavit before the court below, clearly stating all Patna High Court Cr.Misc. No.44543 of 2011 (2) dt.06-03-2012 2 / 2 2 such intention as stated above or parties files joint petition of compromise, clearly stating all such intention, in the event of his arrest/surrender within four weeks, let the above named petitioner be enlarge on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of S.D.J.M., Siwan, in connection with Complaint Case No. 416/2009/Tr. No. 3367/2011, subject to condition lad down under Section 438 (2) of the Code of Criminal Procedure with additional condition to attend the court regularly till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Further, additional condition, in the event of filing individual petition on behalf of the petitioner, the court below on getting positive response from the complainant informant or filing joint petition of compromise by the parties, permit the couple to reside at their place of choice on the condition to report personally to the court below on the dates fixed for the purpose and only after being satisfied of their conduct for a reasonable period, the court below shall pass appropriate order in accordance with law. Rajeev/- (Akhilesh Chandra, 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.