Case Facts:
Patna High Court Cr.Misc. No.36055 of 2012 (3) dt.14-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36055 of 2012 ====================================================== Gopal Choudhary @ Badhu Choudhary .... .... Petitioner/s Versus 1. The State Of Bihar 2. Leela Devi .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 14-12-2012 Heard learned counsels for the petitioner, the State and the complainant. The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] . The accusation is of torture and performing second marriage. It is submitted by learned counsel for the petitioner that the petitioner was married with the complainant in 1998 when the complainant had no issue then with the consent of the complainant the second marriage was performed in 2007, though the petitioner is still ready to keep the complainant as wife with full dignity and honour, but the offer is not acceptable to the Patna High Court Cr.Misc. No.36055 of 2012 (3) dt.14-12-2012 complainant. The petitioner undertakes to pay Rs.1,500/- per month from January, 2013 to the complainant by depositing the same in her account by second week of every month. The offer is accepted by the complainant, who is present in the Court and she undertakes to supply her bank account number by filing the same on affidavit before the learned court below within a period of three weeks from today. Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Jehanabad in connection with Complaint Case No. 342 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The aforesaid payment will be subject to any order passed in matrimonial or maintenance proceedings. Patna High Court Cr.Misc. No.36055 of 2012 (3) dt.14-12-2012 Three consecutive defaults in making payment will give liberty to the complainant to file application for cancellation of bail of the petitioner. DKS/ (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.