Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22226 of 2011 ====================================================== 1. Uma Shanker Prasad 2. Shiv Shanker Prasad, Both sons of Badal Prasad, resident of village – Bihiya, P.S. – Bihiya, District – Bhojpur at Ara. .... .... Petitioner/s Versus 1. The State of Bihar 2. Mina Devi @ Lipi Devi, wife of Uma Shanker Prasad, resident of village – Bihiya, P.S. – Bihiya, District – Bhojpur at Ara. At present village – Brahampur, P.S. = Brahmpur, District – Buxar. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 4 12-03-2012 Heard learned counsel for the petitioners, learned counsel for the complainant opposite party no. 2 and learned Additional Public Prosecutor for the State. The two petitioners, apprehending their arrest in connection with a case registered for the offence punishable under [STATUTE] and 4 of the D.P. Act, are named accused in this case respectively being husband and brother-in-law (Dewar) of the complainant Opposite Party No. 2 with allegation of demand of dowry, torture etc. Submission is of false implication and both the petitioners being married with two full sisters and petitioner no. 1 the husband under compelling circumstances has filed Matrimonial Case bearing No. 95/2010 under Section 13 of the Hindu Marriage Act before Principal Judge, Family Court, Patna High Court Cr.Misc. No.22226 of 2011 (4) dt.12-03-2012 2 / 3 2 Bhojpur at Arrah, seeking dissolution of marriage and decree of divorce, wherein complainant Opposite Party No. 2 not only entered into appearance but obtained an order under Section 24 of the Act on 05.02.2011 in Matrimonial Case No. 95/2010, through which petitioner no. 1 has directed to pay a sum of Rs. 1200/- per month to the complainant Opposite Party No. 2 and Rs. 500/- per month to the only child totaling Rs. 1700/- (Seventeen Hundred only). Further, submission is that there is some under unavoidable circumstances petitioner no.1 undertakes to pay all the arrears in the light of the order aforementioned and further under takes to continue making such payment regularly without fail. In view of the above, in the event of filing a clear undertaking through personal affidavit duly verified stating all such intention and continue making payment regularly, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Buxar, in connection with Complaint Case No. 629(C) of 2010, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure Patna High Court Cr.Misc. No.22226 of 2011 (4) dt.12-03-2012 3 / 3 3 with additional condition with regard to petitioner no. 1 to remain physically present before the court below on each and every date till disposal of the case and with regard to petitioner no. 2 to remain physically present before the court below on each and every date till commencement of trial, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty 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.