Case Facts:
Patna High Court Cr.Misc. No.25404 of 2012 (3) dt.06-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25404 of 2012 ====================================================== 1. Chhote Raut @ Chhotu Raut S/O Late Khelawan Raut Resident Of Village- Bari Aat, P.S.- Wen, Dist.- Nalanda .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 06-08-2012 Heard learned counsel for the petitioner and the State. This is a petition for grant of regular bail for offence under [STATUTE] . The petitioner is the husband and the marriage said to have been solemnized on 09.05.2011 whereas the occurrence took place on 05.09.2011. There is allegation of subjecting cruelty for non-fulfillment of demand and the death took place by sprinkling kerosene oil. The inquest report shows the smell of kerosene oil. The learned counsel for the petitioner submits that the petitioner alleged to have been engaged in working of selling bangles and, hence, he may have been outside the home. It has, further, been contended that the inquest report prepared before the lodging of the first information report. However, having regard to the facts and circumstances of the case the occurrence took place within seven years of marriage and the death is by sprinkling kerosene oil, i.e., in suspicious circumstances. Hence, having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner, at this stage. The prayer for bail is rejected. SA/- (Gopal Prasad, 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.