Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39583 of 2012 ====================================================== Abhishek, son of Sri Radhey Krishna Prasad, Resident of Sona Niwas, Mohalla- Charilital, Kurmi Tola, P.S.- Alamganj, District- Patna. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance: For the Petitioner : Mr. For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 02-11-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. Learned counsel for the petitioner files a supplementary affidavit. Let the same be kept on record. The petitioner is in custody in connection with Alamganj P.S. Case No. 222 of 2012 registered for offence punishable under [STATUTE] . Learned counsel for the petitioner submits that the petitioner, who is the husband of the informant, married the informant in Kolkata in early 2012 as they were working in the same firm then. Later on it transpires that the informant did not have a good background and thus the petitioner returned to Patna whereafter the informant tried to pursue him and had earlier lodged a case being Alamganj P.S. Case No. 20 of 2012 under [STATUTE] as well as sections 3/4 of the Dowry Prohibition Act in which the petitioner has been Patna High Court Cr.Misc. No.39583 of 2012 (2) dt.02-11-2012 2 / 2 2 enlarged on bail. It is submitted that from the plain reading of the First Information Report the only allegation is that the informant was kept confined in the ‘Goshala’ for one night. Learned counsel has referred to various annexures in the main petition as well as the supplementary affidavit which go to show that the informant cannot be said to be of stable mind and further her conduct is dubious as she has also been an accused in a criminal case in West Bengal and has undergone imprisonment for alleged forgery. Learned A.P.P. for the State opposes the prayer for bail and submits that the informant was definitely tortured as she was kept locked up by the petitioner and other family members and thus the petitioner being the husband 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 on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Patna City, Patna in Alamganj P.S. Case No. 222 of 2012. Sujit/- (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.