Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16595 of 2012 ====================================================== 1. Rajeev Ranjan Ojha S/O Krishna Mohan Ojha R/O Village - Khabra, Police Station - Muzaffarpur Sadar, District - Muzaffarpur .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== With Criminal Miscellaneous No.31016 of 2012 ====================================================== 1. Bimla Devi W/O Krishna Mohan Ojha R/O Vill.- Khabra, P.S.- Sadar, Distt.- Muzaffarpur 2. Krishna Mohan Ojha S/O Late Ram Sobhit Ojha R/O Vill.- Khabra, P.S.- Sadar, Distt.- Muzaffarpur 3. Gautam Ojha @ Gautam Kumar S/O Krishna Mohan Ojha R/O Vill.- Khabra, P.S.- Sadar, Distt.- Muzaffarpur .... Petitioners Versus 1. The State Of Bihar .... Opposite Party ====================================================== (In Cr.Misc. No.31016 of 2012) For the Petitioners : Mr. Asutosh Kumar Singh, Adv. For the Opposite Party : Mr. Parmeshwar Mehta, ApP ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 26-09-2012 Heard the learned counsel for the petitioners and the State. Both these applications have been filed for bail for offence under [STATUTE] , heard together and disposed off by this common order. Cr. Misc. No. 16595 of 2012 has been filed for regular bail on behalf of the husband and Cr. Misc. No. 31016 of 2012 has been filed for anticipatory bail on behalf of the mother-in-law, father-in-law and devar of the deceased. The marriage was solemnized in 2005 and there was allegation of demand of rupees two lakhs and Hero Honda motorcycle by the husband. However, there is general and omni bus allegation followed by specific allegation that on 24.10.2011 the husband of the deceased has thrown the dead body of the deceased and on 25.10.2011 the dead body was found on National Highway no. 28 near Khabra Temple and the cause of death is asphyxia by strangulation. Patna High Court Cr.Misc. No.16595 of 2012 (4) dt.26-09-2012 2/2 The learned counsel for the petitioner of subject to the condition that one of the bailors shall be a close relative of the petitioner 16595 of 2012 contends that the occurrence took place in an accident, however, the dead body was recovered on 25.10.2011 and husband was arrested on 27.10.2011, but, no information was given about any incident or whereabouts of the deceased and the death is in suspicious circumstances. Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. The prayer for regular bail of the petitioner of Cr. Misc. No. 16595 of 2012 is rejected. So far the anticipatory bail of the petitioners, above named, of Cr. Misc. No. 31016 of 2012 is concerned, since, they are mother-in-law, father-in-law and devar of the deceased, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, are directed to be released on anticipatory bail on furnishing bail bounds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Muzaffarpur Sadar P.S. Case No. 343 of 2011 to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code and the petitioners shall cooperate with the police during investigation and if any incriminating material found against the petitioners, during investigation, and charge sheet is submitted, then, they shall surrender and pray for regular bail. 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.