Case Facts:
Patna High Court Cr.Misc. No.10337 of 2012 (3) dt.13-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10337 of 2012 ====================================================== Mukesh Kumar .... .... Petitioner/s Versus The State Of Bihar & Anr. .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner : Mr. Bimal Kumar, Advocate For the State : Mr. Jharkhandi Upadhyay, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 13-04-2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. In my view, this petition can be disposed off at the admission stage itself without issuance of notice to opposite party no.2. Petitioner, while invoking extra-ordinary jurisdiction of this court vested under section 482 of the Cr.P.C, has prayed for quashing the order dated 3.3.2011 passed by Sub divisional Judicial Magistrate, Pupri, Sitamarhi in Complaint Case no.405/2010 by which and whereunder he, having found prima facie case under [STATUTE] , ordered to issue process against the petitioner. The petitioner challenged the validity of his prosecution on the ground that opposite party no.2 is not his legally wedded wife and prior to filing of the aforesaid complaint case, father of opposite party no.2 had filed petition before Superintendent of Police, Sitamarhi denying the factum of marriage of opposite party no.2 with petitioner. In my view, all the aforesaid facts are disputed facts and require deeper investigation which is only possible in course of trial. . In view of the aforesaid discussions, this petition stands dismissed Patna High Court Cr.Misc. No.10337 of 2012 (3) dt.13-04-2012 on admission stage itself. Shahid/- (Hemant Kumar Srivastava, 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.