Case Facts:
Patna High Court Cr.Misc. No.40334 of 2012 (2) dt.07-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40334 of 2012 ====================================================== 1. Utam Kumar Patel, 2. Savitri Devi, 3. Suraj Kumar Patel .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 07-11-2012 Heard learned counsels for the petitioner and the State. The petitioner no. 1 being the husband of the informant and petitioner nos. 2 and 3 being mother and brother of the husband of the informant are apprehending arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of torture. It is submitted that the petitioner no. 1 is ready to keep the informant as wife with full dignity and honour, hence, the accusation is not being deliberated. Considering the present stand of the petitioner no. 1, let the above named petitioner no. 1 be released on provisional anticipatory bail for one year in the event of arrest or surrender before the learned Court below within a period of Patna High Court Cr.Misc. No.40334 of 2012 (2) dt.07-11-2012 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 Saharsa in connection with Sadar P.S. Case no. 391 of 2012 subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the learned court below issue notice to the informant for her appearance when the petitioner will take the informant 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 informant deliberately refuses to reside with the petitioner or (iii) if the informant fails to appear before the learned court below. Considering the aforesaid 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 like amount each to the satisfaction of learned CJM, Saharsa in the aforementioned case subject to Patna High Court Cr.Misc. No.40334 of 2012 (2) dt.07-11-2012 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.