Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12648 of 2012 ====================================================== Vikash Kumar Sah .... .... Petitioner/s Versus 1. The State Of Bihar 2. Rinku Devi .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 19-04-2012 Heard learned counsels for the petitioner, the State and the complainant. The petitioner being the husband is apprehending his arrest in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] and 4 of Dowry Prohibition Act. The accusation against the petitioner is of torture and performing second marriage. In view of the performance of the second marriage by the petitioner it is submitted by learned counsel for the complainant that the complainant is not in a position to resume the conjugal life. The petitioner undertakes to pay Rs.1500/- per month to the complainant from June, 2012 by Patna High Court Cr.Misc. No.12648 of 2012 (3) dt.19-04-2012 2/3 depositing the same in the bank account of the complainant by second week of every month. The said offer is accepted by the learned counsel for the complainant. It is submitted by learned counsel for the complainant that the bank account will be supplied by filing affidavit before the learned court below within three weeks. Considering the stand of the parties, let the above named petitioner 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 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, Begusarai in connection with Complaint Case No. 3121C of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The aforesaid payment will be subject to any order passed in matrimonial or maintenance proceedings and the present order will not preclude the parties from settling the issue on agreed by petitioner to the offer of the complainant for one time settlement. Patna High Court Cr.Misc. No.12648 of 2012 (3) dt.19-04-2012 3/3 Three consecutive defaults in making payment will give liberty to the complainant to file application for cancellation of the bail of the petitioner. 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.