Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22528 of 2012 ====================================================== 1. Uday Kumar @ Uday Yadav S/O Sri Rajo Yadav Resident Of Mohalla- Bulla Chak, Mishan Chauk, Barbigha, P.S- Barbigha, District- Sheikhpura (Bihar) .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 14-06-2012 Heard learned counsels for the petitioner and the State. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under [STATUTE] as well as sections 3 and 4 of the Dowry Prohibition Act. It is contended that the entire case is false, fabricated and concocted. There is no truth behind the allegation of subjecting the complainant to cruelty for non-fulfilment of demand of dowry. My attention has been drawn towards the order passed by learned incharge Additional Sessions Judge, Sheikhpura in ABA No.144 of 2012 by which he rejected the anticipatory bail application of the petitioner. In the said order the learned Additional Sessions Judge has held that the informant on being noticed by the court appeared and refused to live with the Patna High Court Cr.Misc. No.22528 of 2012 (2) dt.14-06-2012 2 petitioner. The contention is that the petitioner is ready and willing to keep the informant with full dignity and honour in her matrimonial home but the informant is not willing to live with the petitioner. Be that as it may, considering the aforesaid facts, let the petitioner named above in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Barbigha P.S. Case No.22 of 2012 subject to the conditions as laid down under section 438(2) Cr.P.C. and also subject to the conditions (i) that both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority (iii) that he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and unavoidable circumstances for Patna High Court Cr.Misc. No.22528 of 2012 (2) dt.14-06-2012 3 remaining absent, he shall immediately inform the court and request that he may be permitted to be present through counsel (iv) that liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this court. Md.S./- (Ashwani 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.