Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29134 of 2012 ====================================================== Rakesh Singh @ Rakesh Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 30.08.2012 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 4 of Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner has not performed second marriage and is ready to keep the complainant as wife with full dignity and honour. Learned counsel for the complainant submits that the complainant is apprehensive about the performance of the second marriage. Both sides agree to appear before the learned court below on 03.10.2012 when the petitioner will take Patna High Court Cr.Misc. No.29134 of 2012 (2) dt.30-08-2012 2/2 the complainant to her matrimonial home to keep her as wife with full dignity and honour. Considering the stand of the parties, 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 thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Complaint Case No. 1647 of 2009, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The provisional bail of the petitioner will be confirmed within one year by the learned court below on substantial restoration of the matrimonial harmony or if the complainant deliberately refuses to reside with the petitioner, but it will not confirm if substantial evidence comes to the effect that the petitioner has performed second marriage. 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.