Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9627 of 2012 ====================================================== Hiralal Chaudhary @ Heera Lal Yadav .... .... Petitioner. Versus The State Of Bihar & Anr .... .... Opposite Parties. ====================================================== with Criminal Miscellaneous No.9628 of 2012 ====================================================== Jaimati Devi .... .... Petitioner. Versus The State Of Bihar & Anr. .... .... Opposite Parties. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 21-03-2012 The aforesaid two criminal miscellaneous applications have been filed by the husband and the wife, each, for modification/recall of the order dated 16.01.2012 passed in Cr. Misc. No. 32315 of 2011. The brief facts of the case is that the husband and the mother of the husband filed Cr. Misc. No. 3396 of 2011, for grant of anticipatory bail in a complaint case in which cognizance was taken for the offence punishable under [STATUTE] , which was disposed off on 14.03.2011, in the following terms:- “The petitioner no.1 is ready to keep the Patna High Court Cr.Misc. No.9627 of 2012 (2) dt.21-03-2012 2 / 5 2 complainant as wife with full dignity and honour. Admittedly, the marriage was performed in 1988. Let the petitioners, namely, Hiralal Chaudhary @ Heera Lal Yadav and Rikeba Devi @ Rekebia Devi be released on anticipatory bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Gopalganj in connection with Complaint Case No. 1464 of 2008(Trial No. 2095 of 2010). The husband’s (petitioner no.1) bail bond will be accepted provisionally. The learned court below will issue notice to the complainant and on her appearance, the petitioner no.1 will take back the complainant to her matrimonial house. The provisional bail bond of the petitioner no.1 will be finally accepted in two eventualities either the complainant accompanies the petitioner or the complainant refuses to accompany the petitioner”. Subsequently, when the husband failed to comply the order dated 14.03.2011 passed in Cr. Misc. No. 3396 of 2011, then the wife, Jaimati Devi filed Cr. Misc. No. 32315 of 2011 for cancellation Patna High Court Cr.Misc. No.9627 of 2012 (2) dt.21-03-2012 3 / 5 3 of bail of husband, when notices were issued to the husband on 28.09.2011. The husband and the wife on their appearance before this Court, showed their willingness to resume the conjugal life, on which an order was passed in Cr. Misc. No. 32315 of 2011 on 16.01.2012, in the following terms:- “Petitioner and opposite party no.2 are willing to resume the conjugal life. Opposite party no.2 is ready to take the petitioner from the court itself to her matrimonial house to keep her as wife with full dignity and honour. In the aforesaid circumstances, opposite party no.2 is directed to remain on the same bail bond which was executed vide order dated 14.03.2011 passed in Cr. Misc. No. 3396 of 2011. The bail bond will be accepted provisionally which will be finally accepted by the learned court below on substantial restoration between the parties within one year, or if the present petitioner refuses to reside with the opposite party no.2. It is made clear that this time, if opposite party no.2 fails to comply the undertaking then no further indulgence will be given by this Court. With the observations above, the application stands disposed off.” Thereafter, the wife filed Cr. Misc. No. Patna High Court Cr.Misc. No.9627 of 2012 (2) dt.21-03-2012 4 / 5 4 9628 of 2012 on 28.02.2012 for modification/recall of the order dated 16.01.2012 passed in Cr. Misc. No. 32315 of 2011, since the wife was driven out by the husband out of the matrimonial house, for the second time before this Court. The husband also filed Cr. Misc. No. 9627 of 2012 on 28.02.2012 itself, making prayer for recall of the order dated 16.01.2012 passed in Cr. Misc. No. 32315 of 2011, on the ground that though the husband took the wife to the matrimonial house on 16.01.2012, from the court itself, but in the midway, on the pretext of change of mode of transportation, she escaped. Though, the husband has made a statement in paragraph no. 17 of the petition, which reads as follows:- That the petitioner is ready to abide by the order, as passed by this Hon’ble High Court.” Considering the submissions of both sides, it appears that the husband is not complying the undertaking to keep the wife with full dignity and honour, but since it has been stated in para 17, that he is ready to comply any order passed by this Court and the order dated 16.01.2012, stipulates that the petitioner will remain on the same bail bonds which were executed in pursuance to order dated 14.03.2011 passed in Cr. Misc. No. 3396 of Patna High Court Cr.Misc. No.9627 of 2012 (2) dt.21-03-2012 5 / 5 5 2011, when the bail bond was provisionally accepted for a period of one year, this Court gives one more chance to the husband to comply the undertaking given before the court and if the petitioner fails to comply the undertaking, the court below on expiry of one year from 16.01.2012, will cancel the bail bonds of the husband, when the husband will surrender and pray for regular bail. It is made clear once again, as already observed in order dated 16.01.2012, that no modification application will be entertained by this Court. With the observations above, both the criminal miscellaneous applications are dismissed. Let the order be faxed to the learned J.M. Ist Class, Gopalganj in connection with Complaint Case No. 1464 of 2008 (Trial No. 2095 of 2010) at the cost of the petitioners. U.K./- (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.