Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5705 of 2012 ====================================================== Mukesh Sudhir Mishra@Mukesh Kumar Mishra .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 01-03-2012 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] and Section 3/4 of the Dowry Prohibition Act. The accusation is of torture for non-fulfillment of the dowry demand. It is submitted by learned counsel for the petitioner that the petitioner is the Naval Officer and in pursuance to the order passed in the matrimonial proceeding, the petitioner was paying maintenance of Rs.2,200/- per month to the complainant, but subsequently, since the assurance for Patna High Court Cr.Misc. No.5705 of 2012 (2) dt.01-03-2012 2 / 3 2 reconciliation was given by the petitioner, the complainant withdrawn the maintenance case. The petitioner has also filed a divorce case. In the circumstances, the petitioner is ready to pay Rs. 4,000/- per month to the complainant from April, 2012 by depositing the same in the bank account of the complainant by second week of every month. The said offer of the petitioner is acceptable to the complainant as the father of the complainant is present in the Court and undertakes to supply her bank account number to the petitioner within a period of one week by filing the same on affidavit before the learned court below. The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceeding. Considering the stand of the petitioner, let the above named petitioner, be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 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 the learned Sub- divisional Judicial Magistrate, Munger in connection with Complaint Case No. 1161(c) of 2008, subject to the conditions Patna High Court Cr.Misc. No.5705 of 2012 (2) dt.01-03-2012 3 / 3 3 as laid down under Section 438(2) Cr.P.C. Three consecutive defaults in making payment by the petitioner will give liberty to the complainant to file an application for cancellation of the bail of the petitioner. Amrendra/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.