Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8993 of 2012 ====================================================== Rupesh Kewat @ Rupesh Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 26-03-2012 Heard learned counsels for the petitioner and the State. The petitioner being husband is apprehending arrest in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] and sections 3 and 4 of Dowry Prohibition Act. The accusation is of killing the daughter of the informant after four years of the marriage for non-fulfillment of dowry demands. It is submitted by learned counsel for the petitioner that when the victim committed suicide, a UD case was registered and for the occurrence of 24.12.2005, the complaint was filed on 31.12.2005. This Court is not inclined to entertain the anticipatory bail petition of the petitioner only because the complaint was filed in 2005 and cognizance was taken in 2006. In view of this court, the contentions of learned counsel Patna High Court Cr.Misc. No.8993 of 2012 (2) dt.26-03-2012 2 / 2 2 for the petitioner can be good grounds for consideration of regular bail of the petitioner by the learned court below in case the petitioner surrenders in connection with Complaint Case no. 680 C of 2005 pending in the court of J.M. Ist Class, Barh, Patna The learned court below will consider the prayer for regular bail without being prejudiced by this order. This application is disposed of with the aforesaid observation/direction. Let this order be transmitted through FAX at the cost of the petitioner. 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.