Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6074 of 2012 ====================================================== Md. Kaisar, son of Taiyab, resident of village-Uda, P.S.-Jokihat, (Mahalgaon), District-Araria. .... .... Petitioner Versus 1. The State of Bihar. 2. Bibi Kiswari, daughter of Md. Israil, wife of Md. Kaisar, resident of village-Uda, P.S.-Jokihat (Mahalgaon), District-Araria. .. .. Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 08-02-2012 Heard learned counsel for the petitioner, State and learned counsel appearing on behalf of the informant. The petitioner apprehends his arrest in connection with a case in which cognizance has been taken for the offence punishable under [STATUTE] . It is submitted that the marriage in question admittedly took place five years ago. There is no truth behind the allegation of subjecting the complainant to cruelty for demand of dowry. The case arises out of a matrimonial discord and incompatibility. Considering the facts and circumstances of the case, let the petitioner, namely Md. Kaisar in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two sureties of the like Patna High Court Cr.Misc. No.6074 of 2012 (2) dt.08-02-2012 2 / 2 2 amount each to the satisfaction of Sri R. Kumar, the learned Judicial Magistrate, Ist Class, Araria in connection with Complaint Case No. 2219C of 2010 subject to the condition as laid down under Section 438(2) Cr. P.C., and also on the conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how he is related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the complainant / State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court. Sanjeet/- (Ashwani 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.