Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23395 of 2012 ====================================================== 1. Vinodanand Mishra 2. Padma Devi. 3. Sanjay Kumar @ Pintoo. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.23563 of 2012 ====================================================== Vivekanand Mishra .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 30-07-2012 Heard learned counsels for the petitioner and the State. The petitioners being the parents and brother of the husband and the husband himself of the informant are apprehending arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of torture. The marriage was performed in the year 2007 when the husband of the informant filed divorce case in October, 2011, thereafter the present case has been lodged in March, 2012. In pursuance to the order dated 10.07.2012, both sides are present. The husband is ready to take the informant to her Patna High Court Cr.Misc. No.23395 of 2012 (3) dt.30-07-2012 2/3 matrimonial house from the court itself, to keep her as wife with full dignity and honour to which the informant is not ready. The informant agrees to appear before the learned court below on 8th of October, 2012 before the learned court below when the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour. Considering the stand of the parties, let the above named petitioners of Cr. Misc. No. 23395 of 2012 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) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with K. Hat P.S. Case No. 207 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the above named petitioner Vivekanand Mishra be released on provisional anticipatory bail for one year, 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 Chief Judicial Magistrate, Purnea in connection with K. Hat P.S. Case No. 207 of 2012, subject to Patna High Court Cr.Misc. No.23395 of 2012 (3) dt.30-07-2012 3/3 the conditions as laid down under Section 438(2) Cr.P.C Learned court below will confirm the provisional bail of the petitioner Vivekanand Mishra if the matrimonial harmony is substantially restored or if the complainant refuses to reside with the petitioner or if the complainant fails to appear before the learned court below. 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.