Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11099 of 2012 ====================================================== 1. Md. Mahmood S/O Late Md. Halim R/O Village - Mirapur, P.S. Sakra, District - Muzaffarpur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Md. Imyaz Ahmad. For the State : Mr. Kumar Veerendra Narayan. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 14-03-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his 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. It is stated that admittedly the complainant was married to the petitioner in the year 2003. The present complaint has been lodged on 24.6.2010 with the allegation that the complainant was being subjected to cruelty for non-fulfillment of demand of dowry. It is submitted that as a matter of fact the complainant herself has deserted the petitioner and is not willing to join her matrimonial home. The petitioner requested her several times to come back and lastly when he went to his Sasural on Patna High Court Cr.Misc. No.11099 of 2012 (2) dt.14-03-2012 2 29.9.2009 to take back his wife he was abused and assaulted by the complainant and her family members for which he had already lodged Complaint Case No.2809 of 2009 on 1.10.2009 in which cognizance has already been taken and process has been issued against the accused persons. The present complaint has been filed in retaliation to the case lodged earlier by the petitioner. Be that as it may, considering the facts and circumstances of the case let the petitioner named above in the event of arrest or surrender, 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 Sub. Divisional Judicial Magistrate, East Muzaffarpur in connection with Complaint Case No.1818 of 2010 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure as also subject to the conditions (i) that both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner (ii) that the petitioner 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 he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, Patna High Court Cr.Misc. No.11099 of 2012 (2) dt.14-03-2012 3 then he shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he shall immediately inform the court and request that he 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 petitioner violates 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.