Case Facts:
Patna High Court Cr.Misc. No.40301 of 2011 (3) dt.08-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40301 of 2011 ====================================================== Sanjay Kumar .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 08.02.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner being husband of the deceased is in jail custody since 9.5.2011 in a case registered under [STATUTE] . Admittedly, the deceased died within three years of her marriage in other than normal circumstance and it would appear from perusal of the case diary that her dead body was disposed off by the petitioner and other accused in a very hurried manner. Although informant himself admitted that prior to death, deceased was taken to hospital for treatment but before getting her treatment she died. Considering the above stated facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail, at least, at this stage. Accordingly, the prayer for bail of the petitioner in connection with Pipariya P.S. Case no. 13/2011 pending in the court of the Chief Judicial Magistrate, Lakhisarai is, hereby, rejected. Patna High Court Cr.Misc. No.40301 of 2011 (3) dt.08-02-2012 However, the Chief Judicial Magistrate, Lakhisarai is hereby, directed to commit the case of the petitioner to the court of Sessions in accordance with law within one month from the date of receipt of this order and after commitment, the trial court shall try to conclude the trial of petitioner as early as possible, preferably within nine months from the date of commitment order and if the trial of the petitioner is not concluded within the above stated period, the petitioner may renew his prayer for bail. 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.