Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15922 of 2012 ====================================================== 1. Taiyab Mian S/O Azij Mian R/O Vill-Mishrauli, P.S.-Chanpatiya, Distt- West Champaran .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 18-04-2012 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under [STATUTE] and Sections 3 and 4 of the Dowry of Prohibition Act in which he is in custody since 24.10.2011. It is stated that there is no truth behind the allegation of subjecting the informant to cruelty for non-fulfilment of demand of dowry. As a matter of fact, the informant herself deserted the petitioner and her son and has lodged out and out a false case. Admittedly, the marriage is of 1994 and even prior to the institution of the present case, petitioner had filed a case for restitution of conjugal right being Restitution Case no.256 of 2009 in the court of Principal Judge, Family Court, Bettiah, West Champaran. Be that as it may, considering the facts and circumstances of the case, petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Bettiah, West Champaran, in connection with Chanpatiya P.S. case no.223 of 2009 subject to the Patna High Court Cr.Misc. No.15922 of 2012 (2) dt.18-04-2012 2 / 2 2 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 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. sudip/- (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.