Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39022 of 2012 ====================================================== 1. Bablu Prasad S/O Gopal Prasad Resident Of Village- Bihata, P.S.- Bihata, Dist.- Patna 2. Raju Prasad S/O Gopal Prasad Resident Of Village- Bihata, P.S.- Bihata, Dist.- Patna 3. Sanjay Prasad @ Sanjay Kumar S/O Gopal Prasad Resident Of Village- Bihata, P.S.- Bihata, Dist.- Patna .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 12-10-2012 Heard learned counsels for the petitioners and the State. The petitioner no. 1 being the husband of the complainant and petitioner nos. 2 and 3 being brothers of the husband of the complainant are apprehending arrest in a complaint case in which cognizance has been taken under [STATUTE] and sections 3 and 4 of the Dowry Prohibition Act. It is submitted that the petitioner no. 1 is ready to keep the complainant as wife with full dignity and honour, hence, the accusation is not being deliberated. Considering the stand of the petitioner no. 1 , let the above named petitioner no. 1 be released on provisional Patna High Court Cr.Misc. No.39022 of 2012 (2) dt.12-10-2012 2/3 anticipatory bail for one year in the event of 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 CJM Buxar in connection with Complaint Case No. 37 C of 2008 subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the learned court below issue notice to the complainant for her appearance when the petitioner no. 1 will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. The provisional bail of the petitioner no. 1 will be confirmed by the learned court below in three eventualities – (i) if the matrimonial harmony is substantially restored or (ii) if the complainant deliberately refuses to reside with the petitioner or (iii) if the complainant fails to appear before the learned court below. Considering the stand of petitioner no. 1, let the above named petitioner nos. 2 and 3 be released on anticipatory bail in the event of 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) each with two sureties of the Patna High Court Cr.Misc. No.39022 of 2012 (2) dt.12-10-2012 3/3 like amount each to the satisfaction of learned CJM, Buxar in connection with the aforementioned case subject to the conditions as laid down under Section 438(2) Cr.P.C. Anil/- (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.