Case Facts:
Patna High Court Cr.Misc. No.13214 of 2011 (6) dt.25-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13214 of 2011 ====================================================== Priyanka Devi .... .... Petitioner. Versus The State Of Bihar & Anr. .... .... Opposite Parties. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 6 25-01-2012 Heard learned counsels for the petitioner and the State. The present application has been filed for cancellation of bail of opposite party no. 2 who was granted bail in complaint case in which cognizance has been taken under [STATUTE] . and ¾ of the D. P. Act. Vide order dated 18.11.2010 passed in Cr. Misc. No. 13518 of 2010, the opposite party No.2 was directed to pay Rs. 4,000/- as interim maintenance per month to the petitioner. The order stipulates that the aforesaid order will be subject to any order passed in maintenance/ divorce proceedings or the matters arising out of the same. It appears that 1/3rd salary of opposite party no.2 from December, 2011 was attached by learned court below and in the meantime for two months Rs. 8,000/- was deposited in the bank Patna High Court Cr.Misc. No.13214 of 2011 (6) dt.25-01-2012 account of petitioner in pursuance to this Court’s order. Since the attachment order was passed hence in view of clear direction of this Court that payment will be subject to any order being passed in the matrimonial/maintenance proceedings the application for cancellation of bail appears to be misconceived. It is submitted that in pursuance to attachment order, the attached salary has not been received to the learned court below. It is expected from the learned court below to take steps for getting the attached portion of salary of opposite party no.2 forthwith for being provided to the petitioner as interim maintenance. With this observation, this application is disposed off. 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.