Case Facts:
Patna High Court Cr.Misc. No.12873 of 2012 (2) dt.29-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12873 of 2012 ====================================================== Md. Seraj Ali son of Md.Kalam Rain, resident of Mohalla- Hasmi Nokha, P.S.-Nokha, District- Rohtas .... .... Petitioner/s Versus 1.The State Of Bihar 2.Chanda Begum D/o Jalaluddin Rain, resident of Mohalla-Hasmi, P.S.- Nokha, District-Rohtas. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 29-03-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks anticipatory bail in connection with a case in which cognizance has been taken for the offence punishable under [STATUTE] . It is submitted that the complainant was never married to the petitioner. He is not the husband of the complainant and is unmarried. A proceeding under section 107 Cr.P.C. was initiated between the parties in which a report was submitted by the police upon enquiry in the court of Sub.Divisional Judicial Magistrate, Sasaram. The report has been annexed as annexure-2 to this petition. A perusal of the report goes to suggest that the complainant was having intimate relationship with the petitioner but was not married to him Be that as it may, considering the facts and circumstances of the case, let the petitioner named above, in the event of arrest or surrender before the court below within a period of four weeks from Patna High Court Cr.Misc. No.12873 of 2012 (2) dt.29-03-2012 the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sasaram in connection with Complaint Case No.920C of 2010 subject to the conditions as laid down under section 438(2) Cr.P.C. as also subject to the conditions (i) that both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority (iii) that he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he shall immediately inform the court and request that he may be permitted to be present through counsel (iv) that liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this court.. Md.S./- (Ashwani 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.