Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2767 of 2012 ====================================================== Md. Manjar Alam S/O Kalim Miryan Resident Of Village Partapur, P.S. Sirdulla, District Nawada. .... .... Petitioner. Versus 1. The State of Bihar 2. Nuresha Khatoon .... .... Opposite Parties. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 02/ 27.01.2012 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending his arrest in a complaint case in which cognizance has been taken for the offence under [STATUTE] . It is submitted by learned counsel for the petitioner that the petitioner has filed a case for restitution of conjugal right and is ready to keep the complainant as wife with full dignity and honour, hence accusation is not being deliberated. Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory Patna High Court Cr.Misc. No.2767 of 2012 (2) dt.27-01-2012 2/2 bail for one year 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 Chief Judicial Magistrate, Nawada in connection with Complaint Case (C.R.) No. 609 of 2011 , subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Let the learned court below issue notice to the complainant for her appearance when the petitioner will take the complainant to her matrimonial home to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed within one year by the learned court below on substantial restoration of the matrimonial harmony or if the complainant deliberately refuses to reside with 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.