Case Facts:
Patna High Court Cr.Misc. No.3893 of 2012 (2) dt.07-02-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3893 of 2012 ====================================================== Shamlesh Kumar Rai .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 07.02.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner is in jail custody since 7.11.2010 in a case registered under [STATUTE] and 3/ 4 of the D.P. Act. Earlier prayer for bail of this petitioner was rejected vide order dated 10.8.2011 passed in Cr. Misc. no. 4680/2011 with liberty to the petitioner to avail the privilege given to him in the Code of Criminal Procedure, if his trial is not concluded within the statutory period. Learned counsel appearing for the petitioner submitted that on 16.8.2011 charge under [STATUTE] was framed against the petitioner but up till now, his trial has not been concluded and when provision of section 437(6) of the Code of Criminal Procedure was brought to the notice of the learned trial court as well as learned Addl. Sessions Judge IX, Patna, the same was not considered by both the above stated courts and simultaneously, rejected prayer of the petitioner. Learned Addl. Public Prosecutor vehemently opposed the Patna High Court Cr.Misc. No.3893 of 2012 (2) dt.07-02-2012 2 prayer submitting that according to the petitioner himself, he had moved before the learned trial court under section 437(6) of the Code of Criminal Procedure and, therefore, impugned order is revisable order and no bail petition under section 439 of the Code of Criminal Procedure can be entertained before this court. Learned counsel for the informant submitted that informant was brutally assaulted by the petitioner and she is ready to produce her witnesses before the learned trial court within three months. Taking into consideration the aforesaid facts and circumstances as well as submissions of the parties coupled with the period of detention of the petitioner in jail custody, let the petitioner, Shamlesh Kumar Rai, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Smt Reshma Verma, Judicial Magistrate, Ist Class, Patna in Phulwari Sharif P.S. Case no. 570/2010. Shahid (Hemant Kumar Srivastava,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.