Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44296 of 2012 ====================================================== Kanhaiya Paswan S/O Kisto Paswan Resident Of Village Santar, P.S- Lakhisarai, District- Lakhisarai. .... .... Petitioner Versus 1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Rajiv Ranjan Singh, Advocate For the Opposite Party/s : Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2. 12-12-2012. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Lakhisarai P.S.Case No.331 of 2011 registered for the offence punishable under [STATUTE] . The petitioner is the elder brother of the husband (Bhaisur) of the deceased. Learned counsel for the petitioner submits that there is general and omnibus allegation against all members of the family regarding torture in the F.I.R. So far as this petitioner is concerned, he submits that he was living at the time of occurrence separately from his brother Shambhu Paswan and Patna High Court Cr.Misc. No.44296 of 2012 (2) dt.12-12-2012 2 no role can be attributed to him in the present occurrence. Learned counsel has drawn my attention towards the order dated 23.11.2011 passed in Cr.Misc.No.39019 of 2011 whereby another co-accused namely Kisto Paswan who is the father-in-law of the deceased, has been granted bail by this court. In view of the above, let the petitioner Kanhaiya Paswan 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 the Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S.Case No.331 of 2011. ahk/- (Chakradhari Sharan 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.