Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9536 of 2012 ====================================================== Krishna Kumar Kushwaha, Son of Late Mundrika Prasad Kushwaha, permanent resident of Village- Koeri Tola, Police Station- Bettiah Town, District- West Champaran. .... .... Petitioner. Versus 1. The State of Bihar. 2. Sarita Mehta, daughter of Nagendra Mahto, resident of Dankan Road, Tumariya Tola, Haraiya, O.P. Raxaul, District-East Champaran. .... .... Opposite Parties. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 23-07-2012 Heard learned counsels for the petitioner, informant and the State. The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and ¾ of the D. P. Act. Though earlier restitution case has been filed by the petitioner but subsequently since the petitioner shown reluctance from reconciliation and agreed for mediation, the matter was referred to the Mediation Centre of the Patna High Court. The report of the Mediator kept at Flag-“A” reflects that the issue could not be resolved through the mediation. Both parties agree to resolve the issue as Patna High Court Cr.Misc. No.9536 of 2012 (3) dt.23-07-2012 2 / 3 2 the petitioner is ready to pay Rs. 8,00,000/-(Rupees Eight Lacs)through the Bank Draft in favour of the informant within a period of six months from the date of receipt of copy of this order. The offer is acceptable to the informant who is present before this Court. The informant agrees to file appropriate application for disposal of the present case being Raxaul P.S. Case No. 52 of 2011 within a period of four weeks from the date of receipt of copy of this order when the learned court below shall pass appropriate order in view of ratio laid down in the case of B. S. Joshi-Vs. The State of Haryana reported in A.I.R. 2003 S.C. 1386. The parties also agree to file appropriate application for dissolution of marriage in the court of the learned Principal Judge, Family Court, Motihari, East Champaran. It is expected that the learned court below shall dispose off the application in view of the mutual agreement between the parties. Considering the stand of the parties, 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 twelve weeks from today in connection with Raxaul P.S. Case No. 52 of 2011 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each Patna High Court Cr.Misc. No.9536 of 2012 (3) dt.23-07-2012 3 / 3 3 to the satisfaction of the learned C.J.M. East Champaran at Motihari, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Failure to comply the undertaking given before this Court by either side will give liberty to either side to move this Court. U.K./- (Dinesh 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.