Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35724 of 2011 ====================================================== Manoj Kumar Sinha, son of Sri Madan Prasad, resident of Mohalla – Moti Nagar, P.S. – Sarai Dhela, District – Dhanbad. .... .... Petitioner/s Versus 1. The State of Bihar 2. Nitu Sinha, S/o – Manoj Kumar Sinha, D/o- Mahesh Kumar Sinha .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 23-02-2012 Heard learned counsel for the petitioner, learned counsel for the complainant opposite party no. 2 and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with a case registered for the offence punishable under [STATUTE] and 4 of the Dowry Prohibition Act, is one of the named accused in this case being husband of the complainant with allegation of demand of dowry, torture etc. in spite of being blessed with a male child presently aged about five years. Submission is of total denial and intention to resume and continue the matrimonial relationship with the complainant opposite party no. 2 who is his one and only wife. simultaneously, it is also submitted that petitioner had filed an application under Section 9 of the Hindu Marriage Act seeking restitution, but when it proved futile under compelling circumstances he has filed an application under Section 13 of the Hindu Marriage Act vide T.M.S. No. 378/2010, presently pending before Family Court, Dhanbad. However, he still intends to resume the matrimonial relationship with the opposite party no. 2. There is positive response on her Patna High Court Cr.Misc. No.35724 of 2011 (3) dt.23-02-2012 2 / 2 2 behalf through learned counsel representing him. Considering the facts and circumstances of the case, in the event of filing joint application of compromise or individual petition duly verified supported with personal affidavit before the court below clearly stating all such intention, and in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged 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 Chief Judicial Magistrate, Gaya, in connection with Complaint Case No. 1851/2011, Tr. No. 1623/2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation or even on single default in payment, the liberty granted shall be deemed to be cancelled. Further additional condition is that in the event of filing of joint application or in case of individual petition but only on receipt of positive response from the complainant court below will permit the couple to go and reside at their place of choice and to report personally on the dates fixed for the purpose only on being satisfied with their conduct any reasonable order in accordance with law may be passed. 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.