Case Facts:
Patna High Court Cr.Misc. No.28533 of 2012 (2) dt.13-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28533 of 2012 ====================================================== Kamal Deb Nath .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 13-08-2012 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending arrest in a complaint case in which cognizance has been taken under [STATUTE] . The accusation is of torture. It is submitted that after twenty years of the marriage the accusation has been levelled when the complainant is residing in the house of the petitioner and this petitioner who has been ousted by the complainant from the house but inspite of that, the petitioner is ready to keep the complainant as wife with full dignity and honour. The learned counsel for the complainant undertakes not to oust the petitioner from the house and she is also ready to accept the offer of the petitioner. Considering the stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year in the event of arrest or surrender before the learned Patna High Court Cr.Misc. No.28533 of 2012 (2) dt.13-08-2012 Court below within a period of twelve weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Katihar in connection with Complaint Case No. CA 1119 of 2011 subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the petitioner and the complainant appeared before the learned court below on 27th August, 2012 when the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed by the learned court below if the matrimonial harmony is substantially restored or if the complainant deliberately refuses to reside with the petitioner or the complainant fails to appear before the learned court below or she fails to comply the undertaking given before this court. Anil/- (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.