Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8802 of 2012 ====================================================== Shailendra Kumar @ Shailendra Pandey, Son of Late Rajendra Pandey, resident of Village- Sonsa, P.S. Hisua, District-Nawada. .... .... Petitioner. Versus 1. The State Of Bihar. 2. Kumari Ranjana, wife of Sri Shailendra Pandey, Sakin-Sonsa, Thana- Hisua, District- Nawada, at present D/O Late Yadunandan Pandey, resident of village- Mohabatpur, Thana- Sirdala, District-Nawada. .... .... Opposite Parties. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 5 24-09-2012 Heard learned counsels for the petitioner, complainant and the State. The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] and ¾ of the D. P. Act. The accusation is of torture for non- fulfillment of dowry demand and performing the second marriage. It is submitted by learned counsel for the petitioner that the marriage was performed under force when subsequently the family members of the complainant were made accused in the murder case of the father of the petitioner and they have been acquitted in 2006 thereafter the present complaint has been filed in 2007. The petitioner has also Patna High Court Cr.Misc. No.8802 of 2012 (5) dt.24-09-2012 2 / 3 2 lodged a case for dissolution of marriage though after lodging of the present complaint case. In the circumstances, the petitioner is ready to pay Rs. 500/- per month to the complainant from November, 2012 by depositing the same in the bank account of the complainant by second week of every month. The offer of the petitioner is acceptable to the complainant and she undertakes to supply her bank account number by filing the same on affidavit within a period of three weeks before the learned court below. Considering the aforesaid stand of the parties, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Complaint Case No. 697/2007 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Nawada, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceedings. Three consecutive defaults in making payment Patna High Court Cr.Misc. No.8802 of 2012 (5) dt.24-09-2012 3 / 3 3 will give liberty to the complainant to file an application for cancellation of bail of petitioner. U.K./- (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.