Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10652 of 2012 ====================================================== Dindayal Sahani .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner : Mr. Shubhash Pandey, Advocate. For the Opposite Party : Mr. Rajendra Prasad Nat, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 02-04-2012 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending his arrest in complaint case in which cognizance has been taken for the offences punishable under [STATUTE] and ¾ of the D. P. Act. The accusation is of inflicting torture for non-fulfillment of dowry demand. It is submitted that the petitioner filed divorce case on 04.01.2011 then the present complaint has been lodged on 11.02.2011. The petitioner is ready to pay Rs. 500/- per month to the complainant from May,2012 by depositing the same in the bank account of the complainant by second week of every month. Let the petitioner serve the copy of this order to the complainant within a period of one week Patna High Court Cr.Misc. No.10652 of 2012 (2) dt.02-04-2012 2 / 2 2 when it is expected that the complainant will supply her bank account number by filing the same on affidavit within a period of three weeks before the learned court below. Considering the fact that petitioner filed divorce case at earlier point of time and is ready to pay certain amount to the complainant, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Complaint Case No. 278 of 2011 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Siwan, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceedings. Three consecutive defaults in making payment will give liberty to the complainant to file an application for cancellation of bail of 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.