Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4258 of 2011 ====================================================== Ramesh Kumar Roushan .... .... 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) 5 30-01-2012 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending his arrest in a complaint case in which cognizance has been taken under [STATUTE] and Section 4 of the Dowry Prohibition Act. The accusation is of torture for non-fulfillment of the dowry demand. Both, petitioner and opposite party no.2 are present. The complainant is ready to resume the conjugal life but the petitioner is not willing for the same in the background that the decree of judicial separation has been passed and the said order of judicial separation has been challenged by opposite party Patna High Court Cr.Misc. No.4258 of 2011 (5) dt.30-01-2012 2 / 3 2 no.2. In the circumstances, the petitioner is ready to pay Rs. 4,000/- per month to the opposite party no.2 from March, 2012 by depositing the same in the bank account of opposite party no.2 by second week of every month. The opposite party no.2 accepts the offer of the petitioner and undertakes to supply her bank account number to the petitioner within a period of two weeks by filing the same on affidavit before the learned court below. The aforesaid order will be subject to any order being passed in matrimonial or maintenance proceeding. It is made clear that if any order is passed in the maintenance proceeding then the petitioner will not be liable to make payment in view of the order passed by this Court. Considering the stand of the petitioner, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Gaya In connection with Complaint Case No. 1009 of 2010 subject to the conditions as laid down under Patna High Court Cr.Misc. No.4258 of 2011 (5) dt.30-01-2012 3 / 3 3 Section 438(2) of the Cr. P.C. Three consecutive defaults in making payment by the petitioner will give liberty to opposite party no.2 to file an application for cancellation of the bail of the petitioner. 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.