Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27642 of 2012 ====================================================== Shankar Prasad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 06-08-2012 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] and Section 3/4 of the Dowry Prohibition Act. The accusation is of torture for non-fulfillment of the dowry demand. The marriage was performed on 24.05.2007. It is submitted by learned counsel for the petitioner that on 02.01.2009, the petitioner filed the divorce case being Divorce Case No. 01 of 2009 when this complaint was filed on 21.06.2011 when the complainant has already appeared in the divorce case. In the circumstances, the petitioner is ready to pay Rs. 1,500/- per month to the complainant from September, 2012 by depositing the same in the bank account of the complainant by second week of every month. Considering the stand of the petitioner, let the above Patna High Court Cr.Misc. No.27642 of 2012 (2) dt.06-08-2012 2/2 named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 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 the learned Sub-divisional Judicial Magistrate, Saran at Chapra in connection with Complaint Case No. 1852 of 2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. The petitioner will serve a copy of this order to the complainant within a period of three weeks when it is expected that the complainant will supply her bank account number to the petitioner by filing the same on affidavit before the learned court below within next two weeks. The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceeding. Three consecutive defaults in making payment by the petitioner will give liberty to the complainant to file an application for cancellation of bail of the petitioner. 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.