Case Facts:
Patna High Court Cr.Misc. No.5469 of 2012 (2) dt.27-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5469 of 2012 ====================================================== Md. Mansoor @ Md. Mansoor Alam & Ors. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Naushad Uzzoha For the State : Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 27-02-2012 Petitioners being husband and his parents are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . Accusations are of torture and killing the victim for non-fulfilment of dowry demand. It is submitted by learned counsel for the petitioners that informant himself admitted that he was informed by petitioners’ side when he went to the hospital to find victim admitted at the behest of petitioners’ side. It is further submitted that informant has retracted from initial version and has filed a petition to that effect before learned Court below. The retracted version of the informant can be a good ground for consideration of regular bail of the husband being petitioner No.2 namely Awaish Abid @ Awaish Amir, since this Court is not inclined to grant anticipatory bail to the petitioner No. 2.Let learned Court below consider regular bail of petitioner No.2 Patna High Court Cr.Misc. No.5469 of 2012 (2) dt.27-02-2012 namely Awaish Abid @ Awaish Amir in view of the retracted version of the informant. Considering the nature of accusation and the retracted version of the informant, let the petitioners Nos. 1 and 3 namely Md. Mansoor @ Md. Mansoor Alam and Bibi Shabnam, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Raniganj(Araria R.S.) P.S. Case No. 252 of 2011. Shageer/- (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.