Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8763 of 2012 ====================================================== 1. Rameshwar Rai 2. Rita Devi. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.10651 of 2012 ====================================================== Manjay Rai .... .... 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 petitioners of Cr. Misc. No. 8763 of 2012 being the resident of different neighbouring village of the husband of the deceased and petitioner of Cr. Misc. No. 10651 of 2012 being the husband of the deceased are apprehending arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of killing the sister of the informant after five years of the marriage by throttling and disposing off the dead body. It is submitted by learned counsel for the petitioners Patna High Court Cr.Misc. No.8763 of 2012 (2) dt.26-03-2012 2/3 of Cr. Misc. No. 8763 of 2012 that the petitioners are the resident of different neighbouring village of the husband of the deceased and on suspicion they have been roped in the present case. It is submitted by learned counsel for the petitioner of Cr. Misc. No. 10651 of 2012 that the informant has retracted from his initial version and has filed a petition to that effect before the learned court below. Considering the aforesaid facts, let the above named petitioners of Cr. Misc. No. 8763 of 2012 be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 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 the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 133 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. So far as petitioner of Cr. Misc. No. 10651 of 2012 being the husband of the deceased is concerned, this Court is not inclined to grant anticipatory bail to him. Let the learned court below consider the regular bail of the petitioner of Cr. Misc. No. 10651 of 2012, if he Patna High Court Cr.Misc. No.8763 of 2012 (2) dt.26-03-2012 3/3 surrenders within a period of six week keeping in view that the informant has retracted from his initial version. With the above observation, Cr. Misc. NO. 10651 of 2012 is disposed off. Amrendra/- (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.