Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6170 of 2012 ====================================================== 1. Md. Asgar S/O Md. Yunus Resident of Village- Devgawan, Police Station- Kadwa, District- Katihar. .... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 08-02-2012 Heard the learned counsel for the petitioner and the learned counsel for the State. The petitioner apprehends his arrest in connection with C.A. 3537 of 2010 registered under [STATUTE] . It is submitted that the petitioner is the husband of the complainant. He is ready to maintain her with full dignity. The petitioner is a Mason and his wife does not want to live with him, as such, he filed Matrimonial Case No.496/2010 for restitution of conjugal rights. Thereafter, this complaint case has been lodged by her. She has also filed a written statement in that case and from perusal of paragraph nos. 4, 5 and 6 of her written statement, it appears that she is also ready to live with the petitioner and she has also stated that she was kept peacefully in her matrimonial house. The learned counsel for the State could not controvert the contention of the learned counsel for the petitioner while opposing his prayer. Patna High Court Cr.Misc. No.6170 of 2012 (2) dt.08-02-2012 2 Considering the facts and circumstances of the case, 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 six weeks from today in connection with C.A- 3537/2010 on furnishing bail bonds of Rs.5000/- with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Katihar subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure and further condition that the petitioner will not indulge in similar or in any other offence and he will appear before the court on each and every date fixed in the case except for any cogent reason. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the concerned court and he will be taken into custody forthwith. V.K. Pandey/- (Amaresh Kumar Lal, 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.