Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22564 of 2012 ====================================================== 1. Ramsakhi Devi W/O Shibu Sharma Resident Of Village- Gajpatti, P.S- Hasanpur, District- Samastipur. 2. Shibu Sharam S/O Ganga Sharma Resident Of Village- Gajpatti, P.S- Hasanpur, District- Samastipur. 3. Upendra Sharma S/O Shibu Sharam Resident Of Village- Gajpatti, P.S- Hasanpur, District- Samastipur. 4. Jitendra Sharma S/O Shibu Sharma Resident Of Village- Gajpatti, P.S- Hasanpur, District- Samastipur. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 14-06-2012 Heard learned counsels for petitioners and the State. The petitioners apprehend their arrest in connection with a case registered for the offence punishable under [STATUTE] . It is contended that petitioner no.1 is mother-in-law, petitioner no.2 is father-in-law and petitioner nos.3 and 4 are brothers-in-law (Bhaisur) of the victim. They were named together with the husband and the sister-in-law (Gotni) of the victim in the first information report. The police, on conclusion of investigation, submitted charge-sheet against the husband and sister-in-law of the victim but the petitioners were found innocent. They were not sent up for trial. However, the learned Magistrate differing with Patna High Court Cr.Misc. No.22564 of 2012 (2) dt.14-06-2012 2 the police report took cognizance of the offence against the petitioners too. It is also contended that the husband and the sister- in-law, who have been sent up for trial, have already been granted bail in Cr.Misc. No.40994 of 2011 and Cr. Misc. No.1807 of 2012 respectively by another Bench of this court. Be that as it may, considering the facts and circumstances of the case, let the petitioners named above in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rosera, Samastipur in connection with Hasanpur P.S. Case No.120 of 2010 subject to the conditions as laid down under section 438(2) Cr.P.C. and also subject to the conditions (i) that both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners (ii) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority (iii) that they shall remain present before the court on the dates fixed for hearing of the case. If they Patna High Court Cr.Misc. No.22564 of 2012 (2) dt.14-06-2012 3 want to remain absent, then they shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they shall immediately inform the court and request that they may be permitted to be present through counsel (iv) that liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violate any of the conditions imposed by this court. Md.S./- (Ashwani 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.