Case Facts:
Patna High Court Cr.Misc. No.21899 of 2012 (2) dt.13-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21899 of 2012 ====================================================== Surendra Prasad Gupta @ Surendra Pd. Sao S/o late Jawahar Saw, R/o of Turuk Telpa P.S.- Karpi (Banshi) District- Jehanabad .... .... Petitioner/s Versus The State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 2 13-06-2012 Heard learned counsel for the petitioner as well as learned A.P.P. for the State. Complainant Anita Devi gave her fardbeyan disclosing that six months after her marriage which was solemnised in the year 1996, she faced torturous activity at the hands of her husband and for that she had instituted a case before S.D.J.M., Dhanbad wherein she own. She had not gone to her Sasural since 2006. She wants to stay with her husband but is apprehensive thereof. Contention on behalf of the petitioner is that whatever allegation has been put in the fardbeyan, it does not constitute any criminal offence. So far first part is concerned, the complainant had already instituted a case bearing Complaint Case No. 261/99 which was sent to police station concerned for its registration and investigation which concluded at the trial court level in conviction Patna High Court Cr.Misc. No.21899 of 2012 (2) dt.13-06-2012 against which Criminal Appeal No. 57 of 2005 was filed and the same was allowed by the 1st Additional Sessions Judge, Dhanbad vide its judgment dated 9th September, 2005. So submitted that for earlier part the subsequent prosecution happens to be barred under Article 20 read with section 300 of the Cr. P. C. At the other hand, learned A.P.P. opposed the prayer and submitted that the offence punishable under [STATUTE] happens to be continuing on and so the prosecution in its present form is maintainable. Be that as it may, taking into account totality of the event, petitioner Surendra Prasad Gupta @ Surendra Pd. Sao is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction Sri Om Prakash, Sib-Divisional Judicial Magistrate, Jehanabad in connection with Karpi ( Banshi O.P.) P.S. 56 of 2012. RPS/- (Aditya Kumar Trivedi, 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.