Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12923 of 2012 ====================================================== 1. Mahendra Paswan, son of Late Bhagwan Hajra 2. Hajari Devi @ Chakuran Devi, W/o Mahendra Paswan 3. Gayatri Kumari, Daughter of Mahendra Paswan 4. Guriya Kumari, Daughter of Mahendra Paswan 5. Anil Paswan 6. Sunil Paswan Both are sons of Mahendra Paswan All are residents of village- Surajpur, P.S.- Piprakothi, District- East Champaran .... .... Petitioners Versus 1. The State Of Bihar 2. Saroj Devi, W/o Chhote Lal Paswan D/o Indal Paswan, resident of village- Bagahi Fulwa Tola, P.S.- Bairiya, District- West Champaran .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 29-03-2012 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners apprehend their arrest in connection with a case in which cognizance has been taken for the offence punishable under [STATUTE] and Section 3 and 4 of the Dowry Prohibition Act. The petitioners are in-laws of the complainant. The marriage took place in the year 2005. It is submitted that the complainant has herself deserted her husband and in spite of efforts being taken by the husband, she is not willing to come back her matrimonial home. The petitioners have no concern with the day to day affairs of the complainant and/or her husband. Patna High Court Cr.Misc. No.12923 of 2012 (2) dt.29-03-2012 2 Be that as it may, considering the facts and circumstances of the case, let the above named 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) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bettiah , West Champaran in connection with Complaint Case No. 1920 (C ) 2009 subject to the condition as laid down under Section 438 (2) Cr.P.C. 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 want to remain absent, then they will take prior permission of the court and in case of compelling and unavoidable 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 to make an appropriate application for modifying/recalling the order Patna High Court Cr.Misc. No.12923 of 2012 (2) dt.29-03-2012 3 granting bail, if for any reason, the petitioners violates any of the conditions imposed by this Court. P.K./- (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.