Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32923 of 2012 ====================================================== Mithilesh Paswan @ Mithilesh Kumar Paswan .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 11-09-2012 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which cognizance has been taken under [STATUTE] . The accusation is of torture. It is submitted by learned counsel for the petitioner that the complainant has performed second marriage though, the petitioner is ready to keep the complainant as wife with full dignity and honour. Considering the stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub- Patna High Court Cr.Misc. No.32923 of 2012 (2) dt.11-09-2012 2/2 divisional Judicial Magistrate, Madhubani in connection with C. R. No. 1720 of 2011 , subject to the conditions as laid down under Section 438(2) Cr.P.C. The provisional bail of the petitioner will be confirmed by learned court below on verification of the fact that the complainant has performed second marriage but if the complainant has not performed second marriage then the learned court below will issue notice to the complainant when the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour and then also the provisional bail of the petitioner will be confirmed. Amrendra/- (Dinesh 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.