Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22258 of 2012 ====================================================== 1. Abhinandan Tiwary S/O Late Parshuram Tiwary Resident Of Village- Sema Tar, P.S.- Guthani, District- Siwan 2. Santosh Tiwary @ Santosh Kumar Tiwary S/O Sri Abhinandan Tiwary Resident Of Village- Sema Tar, P.S.- Guthani, District- Siwan .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Radha Krishna Singh, Advocate. For the Opposite Party/s : Mr. Gajendra Prasad Yadav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 14-06-2012 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners apprehend their arrest in connection with a case in which cognizance has been taken for the offence punishable under [STATUTE] . It is stated that there is no truth behind the allegation made in the complaint. Petitioner no.1 is father-in-law and petitioner no.2 is brother-in-law (Debar) of the complainant. The husband of the complainant has already filed a matrimonial case being Matrimonial Case No. 58 of 2012 before the Principal Judge, Family Court, Siwan for Patna High Court Cr.Misc. No.22258 of 2012 (2) dt.14-06-2012 2 / 3 2 restitution of conjugal right. Be that as it may, considering the facts and circumstances of the case, let the abovenamed petitioners in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Siwan in connection with Complaint Case No.532 of 2012 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also on the following conditions: (i) That both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners. (ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That they shall remain present before the court on the dates fixed for hearing of the case. If they wants to remain absent, then they shall take prior permission of the court and in case of compelling and unavoidable Patna High Court Cr.Misc. No.22258 of 2012 (2) dt.14-06-2012 3 / 3 3 circumstances for remaining absent, they will immediately inform the court and request that they may be permitted to be present through the counsel. (iv) That liberty is given to the State/complainant to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violate any of the conditions imposed by this Court. Vinay/- (Ashwani 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.