Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12435 of 2012 ====================================================== Mahmood Alam @ Md. Mahmood Alam, son of Late Md. Naimuddin, resident of mohalla-Saudagarpatti, P.S.-Kishanganj, District-Kishanganj. .... .... Petitioner Versus 1. The State of Bihar 2. Roshan Ara, wife of Mahmood Alam , D/o Abdul Rashid, R/o Mohalla-Saudagarpatti, P.S. & District-Kishanganj. .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 26-03-2012 Heard learned counsels for the petitioner and the State. The petitioner being husband of the complainant apprehends his arrest in connection with a case in which cognizance has been taken for the offence punishable under [STATUTE] . The complaint was instituted in May, 2004. The petitioner filed an application for anticipatory bail being Cr. Misc. No. 32 of 2005 which was rejected on 6.1.2005. After rejection of bail by this Court, he did not surrender in the court below. He filed another application for anticipatory bail being A.B.P. No. 509 of 2005 before the learned Sessions Judge, Purnea. The petitioner took a ground in the court below that the matter had amicably been settled between the parties. The complainant was not interested in prosecuting the petitioner. The learned Sessions Judge by order dated 14.10.2005 disposed of the anticipatory bail application directing the petitioner to surrender before the court where the Patna High Court Cr.Misc. No.12435 of 2012 (2) dt.26-03-2012 2 / 2 2 petition would be considered in the light of the compromise and good relation restored in the family. The petitioner did not choose to appear before the court below. After lapse of almost seven years, again, an application for anticipatory bail has been made before this Court. In my view, the second anticipatory bail petition before this Court after lapse of seven years cannot be entertained. Accordingly, the same is rejected. The petitioner, if so advised, may surrender and seek bail which would be considered on its own merit in accordance with law. Sanjeet/- (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.