Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39737 of 2010 Ali Hassan, Son of Khalil Mian, R/o Village Gonauli, P.S. Lauria, District West Champaran. ……….Petitioner Versus 1.The State Of Bihar. 2.Urmila Khatoon, Wife of Ali Hassan, D/o Junbali Mian, R/o Village Tadhawa Laukaria, P.S. Bairia, District West Champaran. ……..Opposite Parties ------------------ 08/- 10/01/2012 Heard learned counsel for the petitioner, learned counsel for the complainant-opposite party no. 2 and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under [STATUTE] and 4 of Dowry Prohibition Act, is named accused in this complaint case being husband of the complainant-opposite party no. 2 with allegation of demand of dowry, torture etc. and having one concubine, namely, Babita Devi. Submission is of false implication and having no such relationship with any lady rather petitioner intends to resume and continue the matrimonial relationship with the complainant-opposite party no. 2, who is his one and only wife and mother of one male child born out of wedlock but residing with the petitioner himself. Further, to strengthen the submission, there is an offer to pay a sum of Rs. 500/- (five hundred only) per month to the complainant- opposite party no. 2 by way of interim maintenance, subject to any order on the point by the competent court. Considering the facts and circumstances of the case, in the event of filing duly verified petition supporting with an affidavit, clearly mentioning the denial of relation of alleged concubine before the court below, clearly stating such intentions as stated above and begin with the payment, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Bettiah, West Champaran, in connection with Complaint Case No. 2493 of 2008 (Trial No. 437/2010), subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation or even on single default in payment, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, 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.