Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16798 of 2011 ====================================================== Rahul Raj, Son of Rana Manendra Singh, resident of Bhupatipur (Surbhi Bihar), P.S. Ram Krishna Nagar, District-Patna. .... .... Petitioner. Versus 1. The State of Bihar. 2. Priyanka Kumari @ Gudiya, w/o Rahul Raj, D/O Anil Singh, at present residing at Mohalla- Yarpur, Tripolia, Near-House of Akhilesh Singh, P.S. Gardanibagh, District-Patna. .... .... Opposite Parties. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 6 10-07-2012 Heard learned counsels for the petitioner, informant and the State. The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and ¾ of the Dowry Prohibition Act. The accusations are of torture for non-fulfillment of dowry demand and termination of pregnancy. After issuance of notice, both sides appeared when vide order dated 28.09.2011 the matter was referred to the Mediation Centre of the Patna High Court. The report of the mediator at Flag-A dated 19.03.2012 reflects that mediation failed as in spite of best efforts of mediator the dispute between the parties could not be resolved. Patna High Court Cr.Misc. No.16798 of 2011 (6) dt.10-07-2012 2 / 2 2 The matter was transferred to the Mediation Centre since the stand of the petitioner was that earlier he filed restitution case. Today, the petitioner and opposite party no.2 are present. The opposite party no.2 is willing to resume conjugal life whereas the petitioner is refused to take the opposite party no.2 to matrimonial house. The bonafide of petitioner further gets clouded by the fact that the anticipatory bail application was filed before this Court on 11.05.2011 where divorce case was filed on 07.06.2012 when the notices were issued by this Court on 24.06.2011 and the matter was referred with the Mediation Centre on 28.09.2011 since the petitioner was not accepting the offer of opposite party no. 2 to reconcile. In the circumstances, the petitioner does not deserve any sympathy. His prayer for anticipatory bail application is rejected in connection with Ram Krishna Nagar P.S. Case No. 19 of 2010 pending in the court of the learned S.D.J.M., Patna. Let the order be faxed to the learned court below at the cost of the 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.