Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12716 of 2012 ====================================================== 1. Mahfoozul Haque Mallick S/O Late Md. Izharul Haque Resident Of M.D.29, Eldeco Mansion, Sector-48, Sohna Road, P.S- Sadar, (Gurgaon), Gurgaon (Haryana) 2. Shahin Malik @ Shaheen Mallick W/O Mahfoozul Haque Resident Of M.D.29, Eldeco Mansion, Sector-48, Sohna Road, P.S- Sadar, (Gurgaon), Gurgaon (Haryana) .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 28-03-2012 Heard learned counsel for petitioners and learned counsel for 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 4 of the Dowry Prohibition Act. The petitioners are father-in-law and mother-in-law respectively of the complainant. As per complaint, the complainant was married to the son of the petitioners on 10th July, 2009. After marriage the complainant went to her Sasural with her husband and in-laws on 11th July, 2009 and on 12th July, 2009 Dawat-e-Walima was solemnized at Phoolwari, Pragati Maidan, New Delhi. In paragraph 6 of the complaint petition it is alleged that after marriage the husband has never co-habited with the Patna High Court Cr.Misc. No.12716 of 2012 (2) dt.28-03-2012 2 complainant. The complainant alleges that she was being subjected to cruelty at her matrimonial home. On 21.9.2009 the husband left the house and on 22.9.2009 the complainant came back to her parental home. It is not in dispute that since 22.9.2009 the complainant is residing at her parental home. The present complaint was filed on 14.12.2010. It has been submitted on behalf of the petitioners that right from the beginning the marital life of the complainant with her husband was not cordial. The main dispute between the husband and wife was due to incompatibility in temperament and attitude. The parents tried their best to get the matter resolved but the relationship deteriorated. It has also been stated that the husband has divorced the complainant by giving Talak as per the Shariat law and deposited Dain Mehar. Learned counsel for the complainant, on the other hand, denied the fact of divorce and payment of Dain Mehar. From the allegation made in the complaint it appears that basically the dispute is between husband and wife. The petitioner no.1 is a retired person, who took voluntary retirement from B.H.E.L. in October, 1999. The petitioners are sufficiently aged. They are not likely to abscond and tamper with the evidence if released on anticipatory bail. Be that as it may, considering the nature of Patna High Court Cr.Misc. No.12716 of 2012 (2) dt.28-03-2012 3 allegation, facts and circumstances of the case, let the petitioners named above, in the event of 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) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna in connection with Complaint Case No.3362(C) of 2010 subject to the conditions as laid down under section 438(2) Cr. P.C. as also subject to the 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 shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they shall immediately inform the court and request that they may be permitted to be present through counsel (iv) that liberty is given to the complainant/State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violate any of Patna High Court Cr.Misc. No.12716 of 2012 (2) dt.28-03-2012 4 the conditions imposed by this court. Md.S./- (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.