Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7408 of 2012 ====================================================== Binod Chaubey @ Chunmun Chaubey .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.8528 of 2012 ====================================================== Bindeshwari Choudhary .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ===================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 23-03-2012 The matter has been listed under the heading “to be mentioned” at the instance of the petitioners. On 14.03.2012, two criminal miscellaneous applications being Cr. Misc. No. 7408 of 2012 and Cr. Misc. No. 8528 of 2012 were disposed off simultaneously when the application with regard to Bindeshwari Choudhary of Cr. Misc. No. 8528 of 2012 was withdrawn since he was arrested when the petitioner Binod Chaubey @ Chunmun Chaubey of Cr. Misc. No. 7408 of 2012 was granted anticipatory bail in connection with Itarhi P.S. Case No. 143 of 2011 pending in the court of learned Chief Judicial Magistrate, Buxar. But, it appears that inadvertently, the order of Cr. Patna High Court Cr.Misc. No.7408 of 2012 (3) dt.23-03-2012 2/ 3 Misc. No. 7408 of 2012 has been recorded in Cr. Misc. No. 8528 of 2012 and the order of Cr. Misc. No. 8528 of 2012 has been recorded in Cr. Misc. No. 7408 of 2012. The order of Cr. Misc. No. 8528 of 2012 (Bindeshwari Choudhary Vs. The State of Bihar) reads as follows:- Learned counsel for the petitioner seeks permission to withdraw this application as the petitioner has been arrested during the pendency of the same. This application is dismissed as withdrawn. Whereas the order of Cr. Misc. No. 7408 of 2012 (Binod Chaubey @ Chunmun Chaubey Vs. The State of Bihar) reads as follows :- Heard learned counsels for the petitioner and the State. The petitioner being the elder brother of the husband is apprehending arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of killing the victim. It appears that for the occurrence of 22.10.2011, the complaint was filed on 29.10.2011. Admittedly the marriage was Patna High Court Cr.Misc. No.7408 of 2012 (3) dt.23-03-2012 3/ 3 performed ten years prior to the occurrence. It is submitted by learned counsel for the petitioner that the husband is in custody. Considering the aforesaid facts, 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 like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Itarhi P.S. Case No. 143 of 2011 subject to the conditions as laid down under Section 438(2) Cr.P.C. The orders dated 14.03.2012 wrongly recorded in Cr. Misc. No. 7408 of 2012 and Cr. Misc. No. 8528 of 2012 stand modified to the extant as indicated above. Let the order be transmitted through fax at the cost of the petitioners. Amrendra/- (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.