Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38338 of 2010 ====================================================== Shamsh Tabrej @ Bablu, son of Md. Mustaque @ Khaja, resident of village Chasena Loam, P.S.Sadar,District Darbhanga .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. B.P.Pandey, Sr. Advocate Mr S.C. Giri, Advocate Mr. Praveen Kumar Sinha, Advocate. For the Opposite Party : Mr. Jharkhandi Upadhyauy, Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 07-05-2012 Heard learned Senior counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is an accused in connection with Darbhanga Sadar P.S.Case No. 140 of 2010 dated 1.5.2010 registered under [STATUTE] . Though the petitioner happens to be the husband of the alleged victim, but he has been granted anticipatory bail by learned Sessions Judge, Darbhanga by an order dated 21.5.2010 passed in A.B.P. No. 408 of 2010 with a condition that the petitioner shall attend the court regularly for two years or till conclusion of the trial, and on his failure in attending the court consecutively on two dates, he would be liable for misuse of privilege of bail. Patna High Court Cr.Misc. No.38338 of 2010 (2) dt.07-05-2012 2 / 3 2 It is submitted that in the light of aforesaid order dated 21.5.2010, the petitioner furnished bail bonds and was enlarged on bail. However, in view of stringent conditions put in the order dated 21.5.2010, the petitioner filed a petition for modification of aforesaid order dated 21.5.2010 seeking relaxation of the condition of personal appearance of the petitioner on each date, which has been rejected by the impugned order dated 3.8.2010 passed in Cr. Misc. No. 87 of 2010 by learned Sessions Judge, Darbhanga, which is under challenge in the present proceeding under Section 482 Cr. P.C. Learned Senior counsel appearing on behalf of the petitioner submits that though almost two years have passed since the date of order dated 21.5.2010 and the petitioner has been regularly attending the court, yet for reasons best known to the prosecution, even charge has not been framed in the criminal case and, therefore, trial of the petitioner has not even commenced till date, as a result thereof the petitioner is not in a position to go out side the State of Bihar for earning his livelihood. Under the circumstances, he seeks indulgence of this Court for relaxing the condition regarding personal appearance of the petitioner on each date before the learned trial court. After having heard the parties, I am of the opinion that the conditions put by the learned Sessions Judge, Darbhanga, while granting anticipatory bail to the petitioner by his order dated 21.5.2010, are fully in consonance with the provisions under Section 438(2) Cr. P.C. Further, imposition of conditions for grant of bail are purely discretionary and must be to the satisfaction of the court granting bail. Moreover, almost two years have already elapsed from the date of order dated 21.5.2010. Therefore, the Patna High Court Cr.Misc. No.38338 of 2010 (2) dt.07-05-2012 3 / 3 3 prayer for modification of order dated 21.5.2010 has practically become infructuous. Impugned order dated 3.8.2010 cannot be faulted. Consequently, the application stands dismissed. However, in the given facts of the case, the learned Magistrate, in seisin of the case, is directed to take up the trial of the petitioner on priority basis and should make all endeavour to conclude the trial of the petitioner within a period of thee months from the date of receipt/ production of a copy of this order. If the trial of the petitioner is not concluded within the aforesaid period of three months, then the condition regarding physical presence of the petitioner on each date shall be waived and he shall be allowed to be represented through his lawyer, but whenever the physical presence of the petitioner is required for the purpose of trial, he shall be obliged to appear in person before the learned trial court. Kanth/- (Birendra Prasad Verma, 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.