Case Facts:
Patna High Court Cr.Misc. No.40755 of 2012 (2) dt.23-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40755 of 2012 ====================================================== Arvind Kumar Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 23-11-2012 Heard learned counsels for the petitioner, complainant and the State. The petitioner is apprehending arrest in a complaint case in which cognizance has been taken under [STATUTE] . The accusation is of torture leading to the death of the complainant’s daughter. It is submitted that the daughter of the complainant was married with the petitioner in 2000 when in 2007 a case under [STATUTE] was lodged when the petitioner being husband of the victim was granted anticipatory bail. Eight months after the grant of anticipatory bail, the victim’s dead body was recovered from a well on 8.12.2008 when UD case was registered at the behest of the petitioner then the complainant filed a complaint case no. 3685 of 2008 which came to be Patna High Court Cr.Misc. No.40755 of 2012 (2) dt.23-11-2012 registered as police case on 2.3.2009. During the course of investigation, 164 Cr. P.C. statement of the informant was recorded. The informant retracted from the initial version on 26.3.2010 whereas on 5.1.2009 the informant filed a petition before the learned C.J.M. that he lodged the case on suspicion. It is further submitted that during investigation, the accusation was found false and final form was submitted but on protest, cognizance has been taken. It is submitted by learned counsel for the complainant that in 498A IPC case the petitioner was granted anticipatory bail on certain conditions and within eight months of grant of bail, the victim was killed. Considering the fact that the death of the victim took place after eight years of marriage when the informant himself retracted from the initial version and the police, during investigation, found the case false, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur in Patna High Court Cr.Misc. No.40755 of 2012 (2) dt.23-11-2012 connection with complaint case no. 558 of 2011 subject to the conditions as laid down under Section 438(2) Cr.P.C. Anil/- (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.