Case Facts:
Patna High Court Cr.Misc. No.28427 of 2012 (3) dt.14-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28427 of 2012 ====================================================== Sarswati Devi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.34113 of 2012 ====================================================== 1. Lal Babu Rai, 2. Bir Kunwar alias Biru Kumar Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 14-09-2012 Heard learned counsels for the petitioners and the State. The petitioners being parents and brother of the husband of the victim are apprehending arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of killing the sister of the informant and her three years old child by causing burn injury after about six years of the marriage. It is submitted that other child of the victim also received injury whose statement has been recorded in paragraph 34 of the case diary where she has admitted that the victim put herself and her children on fire and this fact is also corroborated Patna High Court Cr.Misc. No.28427 of 2012 (3) dt.14-09-2012 by the report of I.O. regarding examination of the place of occurrence when it is found that the room was locked from inside. It is further submitted that other witnesses have given similar statement. Learned counsel for the informant submits that it is a serious case where the informant’s sister and three years old child were killed. Considering the statement of one of the injured when thrust of accusation is against the husband who, as per learned counsel for the petitioners, is in custody, let the above named petitioners be released on anticipatory bail in the event of 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) each with two sureties of the like amount each to the satisfaction of learned ACJM, Danapur in connection with Danapur P.S. Case No. 93 of 2012 subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bonds of the petitioners will be accepted on filing of an affidavit by the petitioners before the learned court below that they shall regularly cooperate with the investigation. The said affidavit will be transmitted by the learned court below to the concerned I.O. Non cooperation in investigation by the Patna High Court Cr.Misc. No.28427 of 2012 (3) dt.14-09-2012 petitioners will give liberty to prosecution to file application for cancellation of bail by learned court below. Anil/- (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.