Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16563 of 2012 ====================================================== Md. Emam Eqbal .... .... Petitioner/s Versus The State Of Bihar & Anr .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 03-07-2012 Petitioner being husband is apprehending his arrest in a complaint case in which cognizance has been taken under [STATUTE] . and Section 3/4 of the Dowry Prohibition Act. Accusation is of torture, for non-fulfilment of dowry demand. It is submitted by learned counsel for the petitioner that marriage was performed on 28.03.2010 when the oral divorce was given as per muslim rituals on 22.10.2010 and subsequently matrimonial case of divorce was filed on 10.05.2011 when the present complaint was filed on 15.06.2011. Petitioner is ready to pay Rs. 1000/- to the complainant from August, 2012, by depositing the same in the bank account of the complainant by second week of every Patna High Court Cr.Misc. No.16563 of 2012 (4) dt.03-07-2012 2 / 2 2 month. The aforesaid offer is acceptable to the complainant who undertakes to supply the bank account number within a period of two weeks by filing the same on affidavit before learned Court below. Considering the aforesaid stand of the petitioner and the fact that divorce was filed at earlier point of time, let the petitioner namely Md. Emam Eqbal, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Samastipur in connection with Complaint Case No. 766 of 2011. The aforesaid payments will be subject to any order being passed in matrimonial or maintenance proceeding. Three consecutive defaults in payment will give liberty to the complainant to file appropriate application for cancellation of bail of the petitioner. The aforesaid payment shall have no bearing on the relationship between the parties. Shageer/- (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.