Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41767 of 2011 ====================================================== 1. Md. Arif S/O Late Munshi Karim Resident Of Village- Pipala Tola Madhopur, P.S.- Balrampur, District- Katihar .... Petitioner Versus 1. The State Of Bihar 2. Bibi Raseda Khatoon, d/o late Md. Latafat Hussain, resident of village Imadpur, P.S. Barsoi, district Katihar .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 25-09-2012 Heard the learned counsel for the petitioner, the complainant and the State. This is a petition for grant of anticipatory bail for offence under [STATUTE] . There is allegation of subjecting cruelty and it has, further, been submitted that the victim-wife has been driven away from her matrimonial home and is living at her naiher. It has been stated that the petitioner is neither paying any maintenance or paid the dower. The learned counsel for the complainant, however, submits that victim-wife has filed a Maintenance Case No. 13 of 2010 in Family Court, Katihar. However, the petitioner is not ready to keep the victim-wife nor has appeared in the maintenance case and it has been stated that the petitioner was not having any knowledge about the maintenance case. Hence, having regard to the facts and circumstances of the case, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bound of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 171 of 2010 to the satisfaction of the Chief Judicial Magistrate, Katihar, subject to the condition that the petitioner shall pay Rs.1,000/- per month as maintenance till the matter decided in Maintenance Case No. 13 of 2010 and the petitioner shall appear in the maintenance case (Maintenance Case No. 13 of 2010). Patna High Court Cr.Misc. No.41767 of 2011 (4) dt.25-09-2012 2/2 The Court below shall satisfy at the time of acceptance of the bail bond that petitioner has appeared in Maintenance Case No. 13 of 2010 and has paid Rs.1,000/- of that month. However, the payment of Rs.1,000/- per month shall not prejudice the case of the petitioner. SA/- (Gopal Prasad, 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.