Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27947 of 2010 ====================================================== Puja Devi wife of Shri Lal Kamat, resident of village- Ishahpur, P.S. Pandaul, District Madhubani. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Lal Kamat son of Shri Gangai Kamat, resident of village- Ishahpur, P.S. Pandaul, District Madhubani. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Murari Narayan Chaudhary, Adv. For the State : Mr. Uma Nath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 07-08-2012 After having heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State, this Court does not find any cogent and good ground for exercise of its power under Section 439(2) Cr. P.C. for cancellation of bail of opposite party no.2 granted to him by order dated 27.05.2010 passed in B.P. No. 412 of 2010 by the learned 1st Additional Sessions Judge, Madhubani in a criminal case registered under [STATUTE] , besides other offences. From perusal of the impugned order, it appears that the opposite party no. 2 had surrendered on 12.04.2010 and had remained in judicial custody for one and half months. Therefore, after taking into consideration the period of incarceration and all other circumstances of the case, prayer for bail made on behalf of the opposite party no.2 was allowed by the learned Sessions Court. Patna High Court Cr.Misc. No.27947 of 2010 (2) dt.07-08-201 2/2 No legal ground, save and except that the merit of the prosecution case was not properly appreciated, has been raised on behalf of the petitioner for cancellation of bail of the opposite party no.2. No case for interference for cancellation of bail is made out. The application stands dismissed. However, learned counsel for the petitioner raises a valid grievance that criminal prosecution was started in the year 2008 and opposite party no.2 is enjoying the privilege of bail, yet trial of the criminal case has not even commenced. In the facts and circumstances, the learned trial court is hereby directed to take up the criminal trial against the accused persons including the opposite party no.2 on priority basis and all endeavours should be made to conclude the same at an earliest, preferably within a period of six months from the date of receipt/production of a copy of this order. BTiwary/- (Birendra Prasad Verma, 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.