Case Facts:
Patna High Court Cr.Misc. No.40824 of 2011 (5) dt.26-09-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40824 of 2011 ====================================================== 1. Jagmohan Ram Dudhnath Ram R/O, Chotka Nuaon, P.S.-Buxar Muffasil, Dist.-Buxar .... Petitioner Versus 1. The State Of Bihar 2. Usha Devi Jagmohan Ram R/O,Vill.-Chotka Nuaon, P.S.-Buxar Muffasila, Dist.-Buxar .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 5 26-09-2012 Heard learned counsel for the petitioner and the State. This is a petition for grant of anticipatory bail for offence under [STATUTE] and 3 and 4 of the Dowry Prohibition Act. There is allegation of demand and subjecting cruelty and the victim-wife has been driven out from her matrimonial house. The learned counsel for the petitioner submits that the victim-wife is not turning up, however, the petitioner is ready to keep her with due dignity and will neither assault her nor subject her to cruelty or even ready to pay maintenance of Rs.1,000/- per month. Hence, having regard to the facts and circumstances of the case, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bound of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 1024(C) of 2010 to the satisfaction of the Subdivisional Judicial Magistrate, Buxar, subject to the condition that the petitioner will keep his victim-wife with due dignity and will neither assault nor subject her to cruelty or if for any reason the complainant is not ready to live with the petitioner, then, the petitioner shall pay a maintenance of Rs.1,000/- per month till a higher maintenance is decided by a competent Court or till the disposal of this case. However, the trial Court shall call the victim-wife and if she is ready to go with the petitioner, then, the trial Court Patna High Court Cr.Misc. No.40824 of 2011 (5) dt.26-09-2012 2 shall proceed as per the conditions mentioned above and on violation of any of the conditions, the trial Court shall proceed for cancellation of bail bond of the petitioner. SA/- (Gopal Prasad, 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.