Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1092 of 2012 ====================================================== Jailal Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== 2 13-01-2012 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 under [STATUTE] . The accusation is of torture as the petitioner developed the illicit relationship with another woman after five years of the marriage. It is submitted by learned counsel for the petitioner that the marriage was performed with the complainant 29 years ago and with the consent of the complainant since there was no issue, he performed second marriage about 24 years ago and now from second marriage he has major children. It is further submitted that the complainant initially took the share from the property and moved out from the house of the petitioner. Considering the fact that from the second marriage there are major children, the petitioner is ready to pay Rs. 1,000/- per 2 month to the complainant from February, 2012 by depositing the same in the bank account of the complainant by second week of every month. It is expected from the complainant to supply her bank account number to the informant within a period of three weeks by filing the same on affidavit before the learned court below. The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceeding. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Complaint Case No. 159 of 2011 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Consecutive three defaults in making payment by the petitioner will be give liberty to the complainant to file an application for cancellation of the bail of the petitioner. Anjani /- (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.