Case Facts:
Patna High Court Cr.Misc. No.33781 of 2010 (6) dt.30-01-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33781 of 2010 ====================================================== Raju Mali, S/o Ramakant Mali. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER (Per: HONOURABLE JUSTICE SMT. ANJANA PRAKASH) 06. 30.01.2012 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under [STATUTE] and Sections 3/4 of the D.P. Act. The matter was referred to the Patna High Court Mediation and Conciliation Centre but unfortunately no settlement could be arrived at between the parties. On the last occasion a complaint was made against the petitioner that the settlement was not arrived at on account of non appearance of the petitioner at which the petitioner volunteered that he would appear before this Court in readiness to take his wife. Today the petitioner is present but Opposite Party No. 2 is absent. A prayer has been made on behalf of the counsel for the Opposite Party No. 2 that some maintenance be allowed to her and she is not interested to live with the petitioner. In view of such, let the petitioner, above named be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount Patna High Court Cr.Misc. No.33781 of 2010 (6) dt.30-01-2012 2 each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Buxar (T) P.S. Case No. 264 of 2009 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The petitioner volunteers to deposit Rs. 500/- (Five Hundred Rupees) per month in the court below firstly within 15 days of release on anticipatory bail and subsequently by 15th every month which the wife of the petitioner will be at liberty to withdraw without prejudice the right of the parties. In case he fails to do on two consecutive months his bail shall stand automatically cancelled. Vikash/- (Anjana Prakash, 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.