Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9598 of 2012 ====================================================== Sudama Choudhary @ Sudama Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.12995 of 2012 ====================================================== Kishmati Devi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.13022 of 2012 ====================================================== Kanhaiya Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 28-03-2012 Heard learned counsels for the petitioners and the State. The petitioners being parents of the husband and the husband himself are apprehending arrest in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] . It is submitted that husband Kanhaiya Yadav is ready to keep the complainant as wife with full dignity and honour. Hence, the accusation is not being deliberated. Considering the stand of the husband, let petitioners, Patna High Court Cr.Misc. No.9598 of 2012 (2) dt.28-03-2012 2 / 3 2 namely, Sudama Choudhary alias Sudama Yadav and Kishmati Devi 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) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Complaint Case No. 574 of 2010 subject to the conditions as laid down under Section 438(2) Cr.P.C. So far as petitioner Kanhaiya Yadav is concerned, let he 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 C.J.M. Gopalganj in the above mentioned complaint case subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the learned court below issue notice to the complainant for her appearance when the petitioner Kanhaiya Yadav will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. The provisional bail of the petitioner Kanhaiya Yadav will be confirmed if the matrimonial harmony is substantially Patna High Court Cr.Misc. No.9598 of 2012 (2) dt.28-03-2012 3 / 3 3 restored or if the complainant deliberately refuses to reside with him. Anil/- (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.