Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44763 of 2011 ====================================================== Santosh Kumar Son of Ram Babu Sao Resident Of Village / Mohalla - R.M.S. Colony, Road No. -1, P.S. - Kankarbagh, District - Patna. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03. 13-03-2012 Heard the parties. The petitioner is in custody in connection with Kankarbagh P.S. Case No. 59 of 2010 for offence punishable under [STATUTE] . The petitioner happens to be the husband of the deceased. Learned counsel for the petitioner submits that the allegation of dowry demand and physical abuse has been made in a general manner. He further submits that the marriage had taken place five years ago and the couple had two sons. It is further submitted that though the informant has himself admitted that he received information but mischievously he does not divulge the name of the caller. It is stated that not only the petitioner informed the informant about the occurrence but also informed the Police and pursuant whereto the Police arrived and took the dead body of the deceased in custody for the purpose of postmortem. It Patna High Court Cr.Misc. No.44763 of 2011 (3) dt.13-03-2012 2 is thus submitted that in the circumstances the petitioner is in custody since 15.2.2010. Regard being had to the submissions of learned counsel and having perused the materials on record, let the petitioner Santosh Kumar be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, Patna in connection with Kankarbagh P.S. Case No. 59 of 2010, Trial No. 1324 of 2010 subject to the condition that the petitioner shall ensure his representation before the trial court on each and every date fixed in the case and the failure on the part of the petitioner to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. S.Sb/- (Jyoti Saran, 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.