Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5066 of 2012 ====================================================== 1. Binoy Roy 2. Sokil Rai @ Shushil Roy. 3. Santosh Roy. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 22-02-2012 Heard learned counsels for the petitioners and the State. The petitioner no.1 being the husband petitioner nos. 2 and 3 being brothers of the husband are languishing in custody in a case registered for the offences punishable under [STATUTE] . The accusation is of killing the victim after five years of the marriage for non-fulfillment of the dowry demand. It is submitted by learned counsel for the petitioners that for the occurrence of 16.05.2011, the F.I.R. was lodged on 21.05.2011. Considering the fact that the thrust of the accusation is against the husband (petitioner no.1), this Court is not inclined to grant bail to the husband (petitioner no.1) for the present. Accordingly, the prayer for bail with regard to Patna High Court Cr.Misc. No.5066 of 2012 (2) dt.22-02-2012 2 / 2 2 petitioner no.1 is rejected. So far as petitioner nos. 2 and 3 are concerned, considering the nature of accusation and the fact that the death took place after five years of the marriage, let the above named petitioner nos.2 and 3 be released on bail, 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 Chief Judicial Magistrate, Saharsa in connection with Bakhtiyarpur P.S. Case No. 84 of 2011. Amrendra/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 304B

Statute Text:
Section 304B of the Indian Penal Code. Dowry death. Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death. Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.