Case Facts:
Patna High Court Cr.Misc. No.11079 of 2012 (2) dt.14-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11079 of 2012 ====================================================== 1. Mohammad Merajuddin S/O Israil Mian R/O Village - Salonepur Milki Tola, P.S. Hussainganj, District - Siwan .... .... Petitioner/s Versus 1. The State Of Bihar 2. Nazma Khatoon D/O Md. Ayub R/O Village - Chhata, Tola - Hata, P.S. Hussainganj, District - Siwan .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 14-03-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case in which cognizance has been taken for the offence punishable under [STATUTE] and sections 3 and 4 of the Dowry Prohibition Act. It is submitted that there is no truth behind the allegation of subjecting the complainant to cruelty for non-fulfillment of demand of dowry. Admittedly, the marriage in question took place in June, 2006. As per the complaint, the complainant was driven out of her matrimonial home in December, 2008 but the present complaint has been filed in December, 2009. It has also been contended that, as a matter of fact, the complainant herself deserted the petitioner and is not willing to join her matrimonial home and the present application is an abuse of process of court. Be that as it may, considering the facts and Patna High Court Cr.Misc. No.11079 of 2012 (2) dt.14-03-2012 circumstances of the case let the petitioner named above, in the event of arrest or surrender, 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 Sub.Divisional Judicial Magistrate, Siwan in connection with Complaint Case No.2816 of 2009 subject to the conditions as laid down under section 438(2) Cr.P.C. and 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 complainant/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.