Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45090 of 2011 ====================================================== 1. Pintu Yadav Son Of Harihar Yadav, Resident Of Village- Tilathi, P.S.- Saur Bazar, District- Saharsa, .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 4. 02-03-2012. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Saur Bazar P.S.Case No.106 of 2008 for the offence punishable under [STATUTE] . The petitioner happens to be the husband. The allegation against him is of causing death of his wife i.e. daughter of the informant by reason of non-fulfillment of dowry demand. Learned counsel for the petitioner submits that the marriage between the petitioner and the deceased happened more than seven years ago and that the family members of the deceased had participated in the cremation. Learned counsel Patna High Court Cr.Misc. No.45090 of 2011 (4) dt.02-03-2012 2 relies on the statement of the independent witnesses recorded in paras-16 to 19 of the case diary in support of his submission. It is further stated that the Superintendent of Police, Saharsa had restrained the arrest of the accused pending investigation into the matter and it is in this background that the petitioner was arrested on 14.6.2011 from the residence only. Regard being had to the circumstances and submissions of learned counsel, let the petitioner Pintu Yadav be released on bail on furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Saur Bazar P.S.Case No.106 of 2008 subject to the following conditions : (a) that the petitioner will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail bonds will be liable to be cancelled for reasons of misuse; (b) that the petitioner shall ensure his representation before the court below on each and every date fixed in the case and the failure on the part of the petitioner to Patna High Court Cr.Misc. No.45090 of 2011 (4) dt.02-03-2012 3 ensure his representation before the court below on two consecutive dates fixed in the case 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. ahk/- (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.