Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35298 of 2011 ====================================================== Md. Safkat Ali .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 19-03-2012 Petitioner being husband is apprehending his arrest in a complaint case in which cognizance has been taken under [STATUTE] . and Section 4 of the Dowry Prohibition Act. Petitioner is ready to keep the complainant as wife with full dignity and honour. It is submitted by learned counsel for the complainant that petitioner filed divorce case being Divorce Case No. 91 of 2010, wherein statement has been made that petitioner has already divorced the complainant on 21.09.2010, hence in the circumstance, it is difficult for the O.P. No. 2 to resume the conjugal life. However the petitioner, who is present, admits that the alleged statement in the divorce case is not correct and Patna High Court Cr.Misc. No.35298 of 2011 (3) dt.19-03-2012 2 / 3 2 he is not sticking to the fact that divorce was ever given to the complainant and he is ready to take the complainant and children from the Court itself and keep the complainant as wife with full dignity and honour. The complainant is ready to accept the offer of the petitioner, provided he withdraws the divorce case No. 91 of 2010 and in the withdrawal application specific statement be made that petitioner never divorced the complainant. Petitioner undertakes to file the aforesaid application within a period of two weeks and then the petitioner and complainant, O.P. No. 2 will appear before learned Court below on 9th of April, 2012 when the petitioner will take the complainant along with her children to keep her as wife with full dignity and honour. Considering the aforesaid stands of the parties, let the petitioner namely Md. Safkat Ali, in the event of his arrest or surrender before learned Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., at Saharsa in connection with Complaint Case No. 1632C of 2010. It is made clear that if the petitioner withdraws the divorce case then the complainant O.P. No. 2 will also file appropriate application for withdrawal/compromise of the present case as well as maintenance case within a period of six months of the Patna High Court Cr.Misc. No.35298 of 2011 (3) dt.19-03-2012 3 / 3 3 resumption of conjugal life. Either side will be at liberty to file appropriate application, if either side fails to comply the undertaking given before this Court. Let the order of this Court be transmitted through FAX to the learned Court below at the cost of the petitioner. Shageer/- (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.