Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28637 of 2012 ====================================================== Sanjay Kumar Sah @ Sanjay Kumar .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 13-08-2012 Heard learned counsels for the petitioner, complainant and the State. The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] . The accusation is of torture. It is submitted by learned counsel for the petitioner that in spite of order being passed in restitution case, the complainant is not ready to resume conjugal life and petitioner is still ready to keep the complainant as wife with full dignity and honour. The offer is not acceptable to the learned counsel for the complainant. In the circumstances, petitioner is ready to pay Rs. 500/- per month to the complainant from October,2012 by depositing the same in the bank Patna High Court Cr.Misc. No.28637 of 2012 (2) dt.13-08-2012 2 / 2 2 account of the complainant by second week of every month. Learned counsel for the complainant undertakes to supply the bank account number of the complainant by filing the same on affidavit before the learned court below within three weeks. Considering the stand of the parties, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with C.R. No. 899 of 2009/ T.R. No. 2005 of 2011 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Samastipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceedings. Three consecutive defaults in making payment will give liberty to the complainant to file an application for cancellation of bail of petitioner. 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.