Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39315 of 2012 ====================================================== 1. Chhemankari Devi, wife of Bechan Jha. 2. Bechan Jha, Son of Late Devanand Jha. 3. Anil Kumar Jha, Son of Bechan Jha. All petitioners are residents of Village- Nikashi, P.S. Kamtaul, District-Darbhanga. .... .... Petitioners. Versus 1. The State Of Bihar. 2. Jyoti Jha, Wife of Anil Kumar Jha and daughter of Nagendra Chaudhary, resident of Plot No. 28, Road No. 9/B, Mithila Colony, Mohalla- Rajiv Nagar, Town and District-Patna. .... .... Opposite Parties. ====================================================== Appearance : For the Petitioners : Mr. Satish Chandra Jha, Advocate. For the Opposite Party No.2 : Mr. Durga Nand Jha, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 26-11-2012 Heard learned counsels for the petitioners, complainant and the State. The petitioners being the husband of the complainant and parents of the husband of the complainant are apprehending their arrest in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] and 4 of the Dowry Prohibition Act. The basic accusation is of torture. The petitioner no. 3 is ready to keep the complainant as wife with full dignity and honour but the offer of the petitioner no.3 is not acceptable to the complainant since she is apprehensive due to Patna High Court Cr.Misc. No.39315 of 2012 (3) dt.26-11-2012 2 / 3 2 past complaint of the husband. In the circumstances, petitioner no.3 is ready to pay Rs. 1500/- per month to the complainant from January, 2013 by depositing the same in the bank account of the complainant by second week of every month. The offer of the petitioner no. 3 is acceptable to the complainant who is present in the Chamber and undertakes to supply her bank account number by filing the same on affidavit within a period of three weeks before the learned court below. Considering the present stand of the parties, let the petitioners, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Complaint Case No. 3186(C) of 2011 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceedings. Three consecutive defaults in making payment Patna High Court Cr.Misc. No.39315 of 2012 (3) dt.26-11-2012 3 / 3 3 will give liberty to the complainant to file an application for cancellation of bail of petitioner no.3. The grant of bail will not preclude the parties to resume the issue in future. U.K./- (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.