Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31955 of 2012 ====================================================== 1. Amar Kumar Mahto 2. Ram Nath Mahto .... .... Petitioner/s Versus 1. The State of Bihar 2. Mamta Kumari .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 06-09-2012 Learned counsel for the petitioners is permitted to make correction in the prayer portion. Heard learned counsels for the petitioners and the State. The petitioner no. 1 is the husband of the informant and petitioner no. 2 is the brother of the husband of the informant are apprehending their arrest in a case registered for the offences punishable under [STATUTE] and 3/4 of Dowry Prohibition Act. The petitioner no. 1 is ready to keep the informant as wife with full dignity and honour, but it is submitted that the informant has performed second marriage. In the circumstances, let petitioner no. 1 be Patna High Court Cr.Misc. No.31955 of 2012 (2) dt.06-09-2012 2/3 released on anticipatory bail provisionally 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 Sub-divisional Judicial Magistrate, Rosera in connection with Singhiya P.S. Case No. 10 of 2006, 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 informant and on her appearance if it is found that the informant has not performed the second marriage and ready to reconcile when the petitioner will take the informant to her matrimonial home to keep her as wife with full dignity and honour and if it is found that the informant has performed second marriage and not ready to reconcile then the provisional bail will be confirmed by the learned court below. Considering the stand of petitioner no. 1, let petitioner no. 2 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 Patna High Court Cr.Misc. No.31955 of 2012 (2) dt.06-09-2012 3/3 furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Rosera in connection with Singhiya P.S. Case No. 10 of 2006, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 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.