Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23195 of 2010 Umesh Yadav @ Mukhiya Yadav, son of Dilchand Yadav ------ Petitioner. Versus The State of Bihar ----Opposite Party ***** 14. 10.01.2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Non- appeared on behalf of the complainant opposite party no.2 in spite of earlier appearance through counsel and displaying name of learned counsel on the board. The petitioner, apprehends his arrest in connection with Complaint Case No. 38/2008 for the offences under [STATUTE] , is one of the named accused in this complaint case being husband of the complainant with allegation of demand of dowry, torture etc. Submission is that under compelling circumstances petitioner had to file matrimonial case no. 89/2008 under Section 13(B) of Hindu Marriage Act, seeking dissolution of marriage and decree of divorce in retaliation whereof instant case has been filed. However, till date, in spite of appearance, there is no order of interim maintenance either under Section 125 of the Code of Criminal Procedure or section 24 of the Hindu Marriage Act. To avoid further complication petitioner offers to pay a sum of Rs. 500/- per month by way of interim maintenance to the complainant subject to any other order on the point by the competent court. Considering the facts and circumstances of the case, in the event of filing duly verified application stating all such intention and start making payment, and in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sherghati, Gaya, in connection with Complaint Case No. 38/2008, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. 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.