Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7847 of 2012 ====================================================== Jitendra Mishra .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 06-11-2012 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the victim is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of killing the sister of the informant for non-fulfillment of the dowry demand. It is submitted by learned counsel for the petitioner that the date of marriage has not been given in the FIR but the informant has admitted that the victim has two children aged six years and four years when during investigation it has come that the marriage was performed in 2000, hence, on that ground alone the case does not come within the purview of [STATUTE] . It is further submitted that during investigation it Patna High Court Cr.Misc. No.7847 of 2012 (5) dt.06-11-2012 2/2 has come that the victim was committed suicide by putting herself on fire when she was taken out from the house after breaking the door and the petitioner was not present at the place of occurrence. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Siwan in connection with Goreakothi P.S. Case No. 126 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (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.