Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30307 of 2012 ====================================================== Mukesh Jha .... .... Petitioner/s Versus 1. The State Of Bihar 2. Nilu Jha .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-09-2012 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . The petitioner is ready to keep the informant as wife with full dignity and honour and denies to have performed second marriage whereas it is submitted by learned counsel for the informant that the petitioner has performed second marriage with Savita Devi @ Saviya, Daughter of Dipnarayan Jha, Resident of village – Dindayalpur, P.O. & P.S. – Shahkand, District – Bhagalpur, which has been denied by the learned counsel for the petitioner by filing a supplementary Patna High Court Cr.Misc. No.30307 of 2012 (2) dt.20-09-2012 2/2 affidavit. Considering the present stand of the petitioner, let the above named petitioner be released on anticipatory bail for one year 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 CJM, Lakhisarai in connection with Piri Bazar (Lakhisarai) P.S. Case No. 38 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Let the learned court below verify this fact that the petitioner performed second marriage or not. The provisional bail of the petitioner will be confirmed only when it is found that the petitioner has not performed second marriage when the informant will not be precluded to resume the conjugal life. 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.