Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16740 of 2012 ====================================================== Sudesh Kumar @ Sudesh Singh .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 08-05-2012 Heard the learned counsels for the petitioner and the State. The petitioner being the husband is apprehending his arrest in complaint case in which cognizance has been taken for the offences punishable under [STATUTE] and 4 of the D. P. Act. The accusation is of torture. It is submitted by learned counsel for the petitioner that the petitioner has filed divorce case and the complainant is made accused in a case registered for the offence punishable under Sections 304(B), 201/34 and 120(B) of the I. P. C. but he is still ready to keep the complainant as wife with full dignity and honour. Hence, the accusation is not being deliberated. Considering the stand of the petitioner, let the petitioner, above named, be released on provisional anticipatory bail for one year in the Patna High Court Cr.Misc. No.16740 of 2012 (2) dt.08-05-2012 2 / 2 2 event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with complaint case no. 1848 of 2008, Tr. No. 3056 of 2010 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Let the learned court below issue notice to the complainant and on her appearance 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 in three eventualities if the matrimonial harmony is restored substantially within one year or the wife deliberately refuses to reside with the petitioner or the complainant fails to appear before the learned court below. U.K./- (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.