Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27616 of 2010 ====================================================== Saifun Nisha, D/O Md. Akhtar W/O Md. Sakim, resident of village- Khairuganj, P. S. Araria, Dist. Araria .... .... Petitioner/s Versus 1. The State Of Bihar 2. Md. Sakim S/O Abdulganj, resident of village- Khairuganj, P. S. Araria, Dist. Araria .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Kumar, with Mr. Anil Prasad Singh, Advocates. For the Opposite Party/s : Mr. C. Jawahar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 07-08-2012 After having heard learned counsel for the petitioner and the learned Additional Public Prosecutor, appearing on behalf of the State, this Court does not find any cogent ground for exercising its power under Section 439(2) Cr. P. C. for cancelling the bail of accused Opposite party no.2 granted to him by the impugned order dated 22.06.2010 passed by the learned Judicial Magistrate, 1st Class, Araria in Complaint Case No. 3233C of 2009 for the offence under [STATUTE] . Admittedly, the accused-opposite party no. 2 had to remain in judicial custody for some time. By taking into consideration the aforesaid aspect and all other aspects including the previous litigation between the parties, bail was granted to opposite party no.2 by the learned Judicial Magistrate. No case for cancellation of bail of opposite party no.2 is made out. The application stands dismissed. BTiwary/- (Birendra Prasad Verma, 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.