Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17056 of 2012 ====================================================== 1. Brajesh Kumar Jha S/O Sri Nalni Kant Jha At Present Residing At Bhuli, Block-D, Quarter No.-125, P.S.-Bhuli, Distt-Dhanbad, Jharkhand .... .... Petitioner/s Versus 1. The State Of Bihar 2. Bandna Jha W/O Brajesh Kumar Jha, D/O Binodanand Jha R/O Mohalla- Emergency Colony, Qr.No.727 B, Ps.-Sahayak Thana, Mirchai Badi, Distt- Katihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 3 16-05-2012 Heard the learned Counsel for the petitioner and State. The petitioner renews the prayer for anticipatory bail in a Police Case Under [STATUTE] and Sections 3/4 of the Dowry Prohibition Act. It is submitted that that anticipatory bail was granted on 14.12.2009 in Cr. Misc. No. 39999 of 2009 for a period of six months and thereafter any application for regular bail was to be considered on its own merits keeping in mind subsequent developments and attitude of the parties respectively. The order sheet dated 14.12.2010 demonstrates that the parties subsequently started to reside as man and wife but unfortunately the reconciliation failed and did not last long. Earlier on 9.7.2010 itself after obtaining anticipatory bail the petitioner had physically appeared and filed an application for regular bail. Despite his physical presence it was not taken up for consideration. There are no serious or heinous allegation against the petitioner. Patna High Court Cr.Misc. No.17056 of 2012 (3) dt.16-05-2012 2 Counsel for the State submits that the petitioner may press his application for regular bail which is still pending. Normally in the nature of the order dated 14.12.2009 the the Court would have required the petitioner to pursue his application for regular bail. But keeping in mind the developments noticed in the order dated 14.12.2010 that he had filed an application for regular bail in time and was physically present which was not considered by the Court and the absence of any serious or heinous allegation when the parties have been unable to reconcile their differences, let the petitioner, above named, surrender in the Court below within a period of four weeks when he shall be enlarged on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of SDJM Katihar in Katihar P.S. Case No. 263 of 2008. Snkumar/- (Navin Sinha, 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.