Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28772 of 2012 ====================================================== Rajeev Nandan @ Rajiv Nandan .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 27-08-2012 Petitioner being husband is apprehending his arrest in a complaint case in which cognizance has been taken under [STATUTE] . and 4 of the Dowry Prohibition Act. The basic accusation is of torture, for non- fulfilment of dowry demand. It is submitted by learned counsel for the petitioner that petitioner filed divorce case being Matrimonial Case No. 1446 of 2011 on 20.04.2011 when notices were issued on 23.05.2011. The complainant transmitted a letter for transfer of the case and thereafter on 30.07.2011, the present case was filed when ex-parte decree was passed on 20.01.2012. It is submitted by learned counsel for the informant that ex-parte decree has been stayed by the 3rd Additional Principal Judge, family Court, Bangalore on 23.05.2012. In the circumstance, petitioner is ready to pay Rs. 2000/- to the complainant from October, 2012, by depositing the same in the bank account of the complainant by second Patna High Court Cr.Misc. No.28772 of 2012 (2) dt.27-08-2012 2 / 2 2 week of every month. The aforesaid offer is acceptable to the complainant who undertakes to supply the bank account number within a period of three weeks by filing the same on affidavit before learned Court below. Considering the stand of the parties, let the petitioner namely Rajeev Nandan @ Rajiv Nandan, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna in connection with Complaint Case No. 2077(C ) of 2011. The aforesaid payments will be subject to any order being passed in matrimonial or maintenance proceeding. Three consecutive defaults in payment will give liberty to the complainant to file appropriate application for cancellation of bail 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.