Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13461 of 2012 ====================================================== Md. Ishlam .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 17.04.2012 Heard learned counsels for the petitioner and the State. 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 3/4 of Dowry Prohibition Act. It is submitted by learned counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour but the complainant has performed second marriage. In the circumstances, let the above named petitioner be released on provisional 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 Patna High Court Cr.Misc. No.13461 of 2012 (2) dt.17-04-2012 2/2 thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Complaint Case No. 327 of 2006, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Let the learned court below issue notice to the complainant for her appearance and on her appearance the learned court below will confirm the provisional bail of the petitioner only on three grounds:- (i) if the complainant has already performed her second marriage; (ii) if the complainant has not performed second marriage and is ready to resume matrimonial relationship then the petitioner will take the complainant to her matrimonial home to keep her as wife with full dignity and honour; and (iii) if the complainant fails to appear. 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.