Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2137 of 2012 ====================================================== Ganesh Shankar Vidyarthi son of Sri Chandeshwari Prasad Yadav, resident of village Jogbani, P.S. Gamhariya, District- Madhepura .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. R. Singh, Advicate Mr. B. Shankar, Advocate For the informant : Mr. Sidhendra Nath Singh, Advocate For the State : Mr. Uday Chand Prasad, APP CORAM: HONOURABLE MR. JUSTICE SHAILESH KUMAR SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHAILESH KUMAR SINHA) 2 01.02.2012 Heard learned counsel for the petitioner, learned counsel for the informant and Mr. Uday Chand Prasad, learned Addl. P.P. appearing for the State. This is the fourth attempt of the petitioner for grant of anticipatory bail in a case for the offence under [STATUTE] vide Gamharia P.S. Case No. 13 of 2008 (District- Madhepura). It is submitted on behalf of the petitioner that although series allegations have been levelled against the family members of this petitioner, however, the parties are now willing to short out their differences and desires to divorce eachother and for that they have Patna High Court Cr.Misc. No.2137 of 2012 (2) dt.01-02-2012 2 taken some steps in the competent Court which would be appearing from the petitions annexed with this application. Learned counsel for the informant submits that as a matter of fact the petitioner is unduly harassing the informant and the family members and it appears that they are not serious in obtaining the divorce, and as such, the wife of the petitioner has filed a petition for divorce vide Matrimonial Suit No. 65 of 2011 on 29.11.2011 as stated in paragraph 4(2) of the counter affidavit and the next date fixed in the said case is 13th February, 2012 as stated in paragraph 5 of the said counter affidavit. Apart from that a Misc. Case No. 113 of 2010 filed under section 125 of the Code of Criminal Procedure for maintenance in which the next date is 9th February, 2012. Considering the submissions and the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of three weeks from today, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura in connection with Gamhariya P.S. Case No. 13 of 2008 subject to the conditions as Patna High Court Cr.Misc. No.2137 of 2012 (2) dt.01-02-2012 3 laid down under section 438(2) of the Code of Criminal Procedure. Learned counsel for the petitioner submits that the petitioner would be appearing in both the above noted cases i.e. Matrimonial Case No. 65 of 2011 & Misc. Case No. 113 of 2010 to place its case on the next date fixed after he is allowed bail pursuant to the above order. Manish/- ( Shailesh Kumar Sinha,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.