Case Facts:
Patna High Court Cr.Misc. No.41657 of 2011 (4) dt.06-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41657 of 2011 ====================================================== 1. Priyasheel Upadhyaya S/O R.R. Upadhyaya (Ram Ranjan Upadhyaya) Permanent/Present Resident Of 419/I Vasundhara, P.S.- Indirapuram, Distt.- Ghaziabad (U.P.) .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 4 06-02-2012 Heard learned counsel for the petitioner, learned counsel for the complainant and learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Complaint Case No. 3438(C) of 2010 for offences under [STATUTE] and Section 4 of D.P. Act, pending in the court of Sub-Divisional Judicial Magistrate, Patna. Learned counsel for the petitioner is permitted to implead complainant as opposite party no. 2 during course of the day. Since, he has already appeared there is no need to any notice. Rejoinder affidavit has been filed on behalf of the complainant opposite party no. 2. The petitioner is named accused in this complaint case being husband of the complainant opposite party no. 2 with allegation of demand of dowry, torture and leading towards Patna High Court Cr.Misc. No.41657 of 2011 (4) dt.06-02-2012 adulterous life. Further, the complainant under compelling circumstances and reasons mentioned preferred Matrimonial Case No. 555/2011 before Principal Judge, Family Court, Patna under Section 13 of the Hindu Marriage Act, seeking dissolution of marriage and decree of divorce besides alimonies. Further, petitioner intends to resume and continue marital life with the complainant Opposite Party No. 2 who is one and only wife of the petitioner and further intends to pay a sum of Rs. 5000/- per month by way of interim maintenance to the complainant Opposite Party No. 2, subject to any order of competent court on the point and also assure immediate appearance in Matrimonial Case No. 555/2011 and cooperate in both the cases in early disposal in accordance with law preferably amicable settlement under law. Considering the facts and circumstances of the case, in the event of filing duly verified application supported with personal affidavit before the court below stating such intention and start making payment, and in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sub-divisional Judicial Magistrate, Patna, in connection with Complaint Case No. 3438(C) of 2010, subject to Patna High Court Cr.Misc. No.41657 of 2011 (4) dt.06-02-2012 condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for two years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation or any default in payment, the privilege granted shall be deemed to be cancelled. Rajeev/- (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.