Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.95 of 2011 ====================================================== Sanjiv Kumar @ Malhu Kumar, son of Bharat Yadav, Resident of Permanandpur, P.S.Mulrliganj, District- Madhepura. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Binjal Devi D/o Sri Dayanand Yadav resident of Village-Tilathi, P.S. Sourbazar, O.P.Paterghat, District- Saharsa. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 8. 04-05-2012. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the complainant. The petitioner is apprehending his arrest in connection with Complaint Case No.460 (C) of 2008 registered under [STATUTE] and section 3/4 of the Dowry Prohibition Act. There is allegation of demand of dowry, torture and snatching of jewelery against the petitioner. However, learned counsel for the petitioner denied the marriage which is a defence and can only be looked into at the stage of trial. It is apparent from perusal of the record, that in spite of notice issued to the opposite party no.2 by this court, she has not turned up. Having regards to the facts and circumstances, the Patna High Court Cr.Misc. No.95 of 2011 (8) dt.04-05-2012 2 above named petitioner, in the event of arrest/surrender within four weeks from today, shall 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 Sub Divisional Judicial Magistrate, Saharsa in connection with Complaint Case No.460 (C) of 2008, subject to the conditions as laid down under section 438(2) of the Cr.P.C, with further conditions that the petitioner shall personally appear before the court below on each and every date fixed in the case and failure on the part of the petitioner to appear before the court below on two consecutive dates fixed in the case, shall be a ground for the court below to cancel his bail bonds and take him into custody. ahk/- (Gopal Prasad, 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.