Case Facts:
Patna High Court Cr.Misc. No.41065 of 2011 (3) dt.13-04-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41065 of 2011 ====================================================== 1. Birbali Singh Son Of Garakh Singh R/O Village - Basudhar Police Station - Itarhi, District - Buxar. 2. Ram Bali Singh Son Of Garakh Singh R/O Village - Basudhar Police Station - Itarhi, District - Buxar. 3. Gorakh Singh Son Of Late Sarju Singh R/O Village - Basudhar Police Station - Itarhi, District – Buxar .... Petitioners Versus 1. The State Of Bihar 2. Santoshi Devi, w/o Birbali Singh, d/o Kailash Singh, resident of village Basudhar, P.S.Itarhi, district Buxar at present village Itarhi, P.S. Dharosi, district Buxar .... Opposite Parties ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 13-04-2012 Heard learned counsel for the petitioners, the complainant and the State. This is an application for grant of anticipatory bail for offence under [STATUTE] and 3 and 4 of the Dowry Prohibition Act. Petitioner no. 1, Birbali Singh, is husband, petitioner no. 2, Ram Bali Singh, is the brother of petitioner no. 1 and petitioner no. 3, Gorakh Singh, is the father of petitioner no. 1. There is allegation of demand and subjecting cruelty. Petitioner no. 1 has filed a petition for divorce and ekrarnama has been entered into between the father of the victim and other relative of petitioner no. 1 that they have separated. However, the petitioner is not the party of the said ekrarnama. The learned counsel for the petitioners has taken the plea that the victim fled away along with another person even after giving birth of a child. Hence, having regard to the facts and circumstances of the case, in the event of arrest or surrender of the petitioners 2 and 3, they are directed to be released on anticipatory bail, within four weeks, from the date of receipt of this order, on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties Patna High Court Cr.Misc. No.41065 of 2011 (3) dt.13-04-2012 2 of the like amount each in connection with Complaint Case No. 260(C) of 2011, Tr. No. 1662 of 2011 to the satisfaction of Smt. A.K. Lal, Subdivisional Judicial Magistrate, Buxar. With regard to petitioner no. 1, who is husband, I am not inclined to grant anticipatory bail to the petitioner. His prayer for anticipatory bail is rejected in view of stand taken by petitioner. If petitioner no. 1 surrenders and prays for regular bail, then, that may be considered on it’s own merit. SA/- (Gopal Prasad, 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.