Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12227 of 2012 ====================================================== 1. Chandra Bhushan Singh S/O Late Amarnath Singh R/O Vill-Sarvodaya Nagar, P.S.-Begusarai Town In The District Of Begusarai 2. Dhiraj Kumar S/O Sri Chandra Bhushan Singh R/O Vill-Sarvodaya Nagar, P.S.-Begusarai Town In The District Of Begusarai .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gopal Prasad Roy For the State : Mr. S.N.Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 21-03-2012 Heard learned counsel for petitioners and learned counsel for the State. The petitioners seek bail in connection with a case instituted under [STATUTE] . The husband of the informant was killed in the night of 30.1.2012. The informant though not being a witness of the occurrence named four persons in the first information report on account of previous enmity and suspicion. From the order impugned it appears that in course of investigation the police arrested one Surendra Yadav and from his possession mobile phone of the deceased was recovered. Surendra Yadav confessed Patna High Court Cr.Misc. No.12227 of 2012 (2) dt.21-03-2012 2 before the police that he had committed murder of the husband of the informant. The petitioners are father and son respectively who were taken into custody on the date of occurrence itself. It is submitted that barring a case under [STATUTE] they are not accused in any other case. The informant of the case happens to be sister-in-law of petitioner no.2. On 31.8.2007 petitioner no.2 had instituted a divorce case being Divorce Case No.86 of 2007 in the court of Principal Judge, Family Court, Begusarai under section 13 of the Hindu Marriage Act seeking decree of divorce against Nitu Kumari, sister of the informant, and thereafter Sikandara P.S. Case No.130 of 2008 was registered against them under [STATUTE] as also under section 3 and 4 of the Dowry Prohibition Act at the instance of sister of the informant on 1.6.2008. The petitioners were made accused merely on suspicion due to the animosity existing from before between the parties. Be that as it may, considering the facts and circumstances of the case the petitioners named above are directed to 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 Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No.43 of 2012 subject Patna High Court Cr.Misc. No.12227 of 2012 (2) dt.21-03-2012 3 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 petitioner (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 State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violate any of 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.