Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2677 of 2012 ====================================================== 1. Bangali 2. Pramila Devi. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 31-01-2012 Heard learned counsels for the petitioner and the State. The petitioners being the husband and second wife of the husband of the complainant are apprehending their arrest in a complaint case in which cognizance has been taken under [STATUTE] . The accusations are of torture and performing second marriage by the petitioner no.1. It is submitted by learned counsel for the petitioners that the marriage was performed with the complainant 40 years prior to the lodging of the case and there was only one female child out of first marriage and thereafter with the consent of the complainant second marriage was performed 20 years prior to the lodging of the present complaint. Patna High Court Cr.Misc. No.2677 of 2012 (2) dt.31-01-2012 2 / 2 2 It is further submitted that the petitioner has married the only female child of the complainant but subsequently complainant misappropriated the retrial benefits of the petitioner for which the petitioners’ side filed a complaint against the complainant and others and thereafter the present case has been lodged. Considering the fact that the complaint has been filed after 20 years of the second marriage and the petitioner lodged a case at earlier point of time, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Chapra in connection with Complaint Case No. 2608 of 2010 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Amrendra/- (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.