Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20190 of 2012 ====================================================== 1. Md. Halim S/O Md. Naim Resident Of Village- Jhakhara, P.S.- Saryaganj, District- Samastipur .... .... Petitioner Versus 1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 31-05-2012. Heard learned counsel for the petitioner, learned counsel for the complainant who has suo motu appeared and learned A.P.P. for the State. The petitioner seeks bail in Complaint Case No. 3002 C of 2010 registered for offence punishable under [STATUTE] and Section 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that though he is the husband and allegation is of torture and demand of dowry, but the same is not true. It is further submitted that the petitioner is ready to keep the wife/complainant with full dignity, honour and security. It is stated that the petitioner is in custody in the present case since 29.2.2012. Learned counsel further submits that the petitioner is undergoing treatment for mental illness and has even gone to a specialized and reputed institution like Kanke at Ranchi for the same. It is further Patna High Court Cr.Misc. No.20190 of 2012 (2) dt.31-05-2012 2 submitted that he deserves to be released on bail so that he may be properly treated. It is submitted that the petitioner has filed a case for restitution of conjugal rights which is still pending. Learned counsel for the complainant submits that in view of the submissions of learned counsel for the petitioner, it is an admitted position that he is in a mental condition which is not conducive for the wife to live with dignity, honour and security. He submits that in fact this may be one of the reasons for ill-treatment and torture of the complainant and under such circumstances, it would not be possible and even advisable for the wife to live with the petitioner. Learned counsel submits that he is not aware of the pendency of any case filed by the petitioner for restitution of conjugal rights but in view of this fact which has come during the submission of learned counsel for the petitioner, going back and living with the petitioner is not possible for the present. He submits that the petitioner may be directed to pay a reasonable amount per month to the complainant so that at least she can live decently. Learned counsel submits that if at all the case for restitution of conjugal rights has been filed then she would contest the same upon due notice and as the situation develops, she may consider as to whether she would be safe and can live with her husband. Learned A.P.P. for the State has also submitted that the Patna High Court Cr.Misc. No.20190 of 2012 (2) dt.31-05-2012 3 petitioner may be directed to pay a reasonable amount per month to the wife for her maintenance. Upon hearing learned counsel for the parties and considering the facts and circumstances of the case, the abovenamed petitioner 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 Chief Judicial Magistrate, Begusarai in connection with Complaint Case No. 3002 C of 2010. However, the bail is subject to the condition that the petitioner shall pay Rs.1000/- (one thousand) per month to the complainant/wife. The same shall be paid by the 10th of the following month. The payment of Rs.1000/- per month shall start from June, 2012. The court below shall monitor the fact as to whether such payment is being made and failure to pay the same, would lead to cancellation of bail. This application, accordingly, stands disposed off. ahk/- (Ahsanuddin Amanullah, 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.