Case Facts:
Patna High Court Cr.Misc. No.28383 of 2012 (3) dt.13-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28383 of 2012 ====================================================== Nanhaku Yadav @ Santosh Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 13.08.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner being husband of the deceased is in jail custody in a case registered under [STATUTE] . According to the prosecution case itself, the marriage of the deceased had solemnized with the petitioner in the year 2006 and the deceased died due to burn injury in the year 2011 that is after five years of her marriage and before her death she was spending her married life in the house of the petitioner. It would further appear from perusal of the first information report itself that after the incident, the deceased was taken to hospital. It would appear from the impugned order that one ASI visited the hospital and examined the injuries of the deceased. No doubt, death of the deceased took place on account of burn injury but submission on behalf of the petitioner is that deceased was caught in fire while she was cooking meal and immediately, she was taken to hospital for treatment but unfortunately, she could not be saved. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Nanhaku Yadav @ Patna High Court Cr.Misc. No.28383 of 2012 (3) dt.13-08-2012 Santosh Yadav, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge FTC V, Aurangabad in Sessions trial no. 78 of 2012/ 78A of 2012 arising out of Daudnagar P.S. Case no. 160/2011. Shahid (Hemant Kumar Srivastava,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.