Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34529 of 2011 ====================================================== Gautam Kumar @ Gautam Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 02-04-2012 Petitioner being husband is apprehending his arrest in a complaint case in which cognizance has been taken under [STATUTE] . On undertaking of the petitioner that he is ready to keep the complainant as wife, on 14.10.2011 notices were issued to the complainant, O.P. No. 2, but it is submitted by learned counsel for petitioner, today that though complainant claims the marriage on 26.02.2002, but on 07.06.2002, a case of kidnapping was lodged on behalf of the petitioner’s side being Narhat P.S. Case No. 51 of 2002 against the family members of the complainant and subsequently the complainant lodged a case being Deoghar (Sadar) P.S. Case No. 262 of 2010 in which petitioner is on anticipatory bail. In the circumstance reconciliation is not feasible. Petitioner is ready to pay Rs. 1500/- to the complainant from May, 2012 by depositing the same in the bank account of the complainant by second week of every month. The said offer is acceptable to the complainant and she Patna High Court Cr.Misc. No.34529 of 2011 (4) dt.02-04-2012 2 / 2 2 undertakes to supply her bank account number within a period of two weeks by filing the same through affidavit before learned Court below. The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceeding. Considering the aforesaid stand of the parties, let the petitioner namely Gautam Kumar @ Gautam Singh, 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., Nawada in connection with Complaint Case No. 962 of 2010. It is made clear that aforesaid payment will have no bearing on the relationship or claim or counter claim between the parties. 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.