Case Facts:
Patna High Court Cr.Misc. No.39270 of 2011 (4) dt.18-09-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39270 of 2011 ====================================================== Md. Nasim Ansari, son of late Shoeb, resident of village Sonarkhap, P.S. Kutumba, district Aurangabad .... Petitioner Versus 1. The State Of Bihar 2. Sajda Khatoon, w/o Nasim Ansari, resident of village Simra, P.S. Simra, district Aurangabad at present d/o late Abdul Rahim, resident of village Simra, P.S. Simra, district Aurangabad 3. Md. Wasim, s/o Md. Qaiyum, r/o Tetaria, P.S. Barun, district Aurangabad .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 18-09-2012 Heard learned counsel for the petitioner, the complainant and the State. This is a petition for grant of anticipatory bail for offence under [STATUTE] and 4 of the Dowry Prohibition Act. The learned counsel for the petitioner submits that the complainant has re-married with another person and has filed an affidavit to that regard and submits that he has not divorced the complainant and the complainant even re-married with another person even without divorce by the first husband, so it is not a matter of divorce. However, he has relied upon a document/affidavit that there is re-marriage of the complainant with another person and in the said affidavit, itself, there is averment about the divorce by the petitioner. The learned counsel for the complainant submits that even after divorce dain mahar has not been paid. The learned counsel for the petitioner submits that the petitioner is ready to pay dain mahar, subject to the condition that entire case may be compromised. The learned counsel for the complainant has no objection. Hence, having regard to the facts and circumstances of the case, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bound of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Complaint Case No. Patna High Court Cr.Misc. No.39270 of 2011 (4) dt.18-09-2012 2 160 of 2010 to the satisfaction of the Subdivisional Judicial Magistrate, Aurangabad, subject to the condition that the petitioner will pay dain mahar to the complainant and the complainant will compromise the case. SA/- (Gopal Prasad, 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.