Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20330 of 2012 ====================================================== 1. Jitendra Sharma 2. Uttam Sharma .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.17764 of 2012 ====================================================== 1. Satyendra Kumar @ Satyendra Kumar Singh 2. Upendra Kumar @ Upendra Kumar Singh. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 03-07-2012 Heard learned counsels for the petitioners, informant and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under [STATUTE] and Section 3/4 of the Dowry Prohibition Act. The informant’s daughter, Punam Sharma was married with Saket Kumar on 16.07.2005. Punam Sharma went missing on 15.09.2011 when Sanha was lodged on 16.09.2011 by the brother of the victim, ultimately, the FIR was lodged on 27.09.2011 where the husband of the deceased, his brother-in-law Jitendra Sharma and Sister Utam Sharma were named along with other family Patna High Court Cr.Misc. No.20330 of 2012 (3) dt.03-07-2012 2/3 members. It is alleged against Jitendra Sharma that after the occurrence, he threatened the informant being the father of the deceased not to pursue the matter whereas it is alleged against petitioner Upendra Kumar that the victim left the house with the mobile of her father and subsequently, in the name of Upendra Kumar, SIM was used in the alleged mobile whereas, Satendra Kumar is the brother of Upendra Kumar. It is submitted by learned counsel for the petitioners that except suspicion, there is nothing against the petitioners and the Sanha does not suggest that the victim left the house with the mobile of her father. It is submitted by learned counsel for the informant that subsequently, the police has recommended to add Section 376(2)(G) of the IPC in view of the injury fond on the dead body of the victim. Considering the rival submissions of the parties and the fact that there is no direct evidence with regard to involvement of the petitioners, let the above named petitioner except Upendra Kumar @ Upendra Kumar Singh be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like Patna High Court Cr.Misc. No.20330 of 2012 (3) dt.03-07-2012 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with MMCH P.S. Case No. 87 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the learned court below consider the regular bail of Upendra Kumar @ Upendra Kumar Singh without being prejudiced by the order of this Court. Amrendra/- (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.