Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17464 of 2012 ====================================================== Md. Aarfi @ Md. Aarfin @ Aarfin .... .... Petitioner. Versus The State Of Bihar & Anr. .... .... Opposite Parties. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 10-05-2012 Heard the learned counsels for the petitioner, complainant and the State. The petitioner being the husband is apprehending his arrest in complaint case in which cognizance has been taken for the offences punishable under [STATUTE] . It is submitted that in pursuance to the letter of complainant, the petitioner has divorced the complainant as per Muslim law but same has been denied by learned counsel for the complainant and has submitted that the complainant wants to reside with petitioner. Both sides agree to appear before the learned court below on 11.06.2012 when the learned court below shall try to reconcile the matter between the parties and if reconciliation succeeds then the petitioner will take back the complainant Patna High Court Cr.Misc. No.17464 of 2012 (2) dt.10-05-2012 2 / 2 2 to her matrimonial house to keep her as wife with full dignity and honour. Considering the stand of the parties, let the petitioner, above named, be released on provisional anticipatory bail for one year 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. 2077 of 2010 (Tr. No. 2452 of 2012) on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities if the matrimonial harmony is restored substantially within one year or the wife deliberately refuses to reside with the petitioner or she fails to appear before the learned court below. 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.