Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 39959 of 2012 ====================================================== Ravindra Chauhan, son of Jagdish Chauhan, resident of Vill. Dimaki Bigha, P.S. Meskour, Distt. Nawada. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : Mr. H. A. Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 06-11-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Ariari P.S. Case No. 136 of 2011 registered for offence punishable under [STATUTE] . Learned counsel for the petitioner, who is the husband, submits that the marriage was solemnized in the year 1990 and out of the wedlock there are six children. It is further submitted that the elder daughter was also married this year. Learned counsel submits that the allegation in the F.I.R. is that from the year 2008 the petitioner had started torturing the informant and also assaulting her but the same is falsified since prior to the present F.I.R. there is no complaint before any authority. It is further submitted that even otherwise after such a long period the allegation is only with regard to assault and maltreatment and the Patna High Court Cr.Misc. No.39959 of 2012 (2) dt.06-11-2012 2 petitioner has no criminal antecedent and is in custody since 21.06.2012. Learned counsel further submits that the informant along with the children is living in the house of the petitioner and further he is ready to keep her with full dignity and affection. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner has been maltreating and assaulting the informant for a long period and thus does not deserve to be released on bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheikhpura in Ariari P.S. Case No. 136 of 2011. The petitioner upon his release shall file an undertaking before the court below that he shall keep his wife with full dignity, honour and security. In the event of any breach of the terms and conditions of the undertaking and the bonds, the informant shall be at liberty to file an appropriate application before the court below and thereafter the court, after hearing the petitioner, shall pass appropriate orders including cancellation of the bail bonds of the petitioner. Anjani/- (Ahsanuddin Amanullah, 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.