Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3215 of 2012 ====================================================== Manoj Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 2 01-02-2012 Petitioner being husband is apprehending his arrest in a case registered for the offences under [STATUTE] . The marriage was performed five years prior to the occurrence. Accusations are of demand of gold chain and motorcycle and for non-fulfilment of the same, torture was inflicted. It is submitted that during investigation, it has come that that due to the quarrel with the husband, the victim consumed poison. Postmortem report does not reflect any external injury. It is further submitted that informant subsequently retracted from initial version and has filed a petition to that effect before learned Court below. Assuming the fact that victim consumed poison after quarrel with the Patna High Court Cr.Misc. No.3215 of 2012 (2) dt.01-02-2012 2 / 2 2 husband, that does not amount to torture in view of the definition given in the Penal Code. Considering the retracted version of the informant, it is a fit case of regular bail. Let learned Court below consider regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Dariyapur P.S. Case No. 112 of 2011, pending in the Court of learned Chief Judicial Magistrate, Saran at Chapra. With the observations above, the application stands disposed off. Let the order of this Court be transmitted through FAX to the learned Court below at the cost of the petitioner. Shageer/- (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.