Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21746 of 2012 ====================================================== Krishna @ Kallu Seth, S/O Late Mukhlal Seth, Resident of Mohalla- Pali, Near Sudama Compound Under Jawahar Setu, P.S.- Dehri, District- Rohtas. .... .... Petitioner/s Versus 1. The State of Bihar 2. Neelam Devi D/O Late Jairam Seth, Resident of Village- Kachanpur, Barun, District- Aurangabad. .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 12-06-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case in which congnizance has been taken for the offence punishable under [STATUTE] as well as Section 4 of the Dowry Prohibition Act. It is stated that admittedly the complainant was married to the petitioner in the year 1999 and after eleven years of marriage, the present case has been filed alleging that she was subjected to cruelty for non-fulfillment of demand of dowry. It is further contended that the present case has been filed due to matrimonial discord and incompatibility in nature between the parties. The petitioner is willing to keep the complainant as wife with dignity and honour in her matrimonial home but she out of her own free will deserted the Patna High Court Cr.Misc. No.21746 of 2012 (2) dt.12-06-2012 2 / 2 2 petitioner. Be that as it may, considering the nature of allegation, facts and circumstances of the case, let the petitioner above named in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of a copy of this order be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sasaram, Rohtas in connection with Complaint Case No. 1098 of 2010 subject to the condition as laid down under Section 438(2) Cr. P.C. as also on the following 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 will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State/complainant to make an appropriate application for modification/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court. Sanjeet/- (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.