Case Facts:
Patna High Court Cr.Misc. No.7448 of 2012 (3) dt.04-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7448 of 2012 ====================================================== Manoj Singh & Manoj Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 04.05.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 13.5.2011 in a case registered under [STATUTE] . Admittedly, petitioner is husband of the deceased and furthermore, marriage of the petitioner had taken place with the deceased eight months ago. The contention on behalf of the petitioner is that deceased died of her ailment and before her death she was taken to a doctor which is evident from perusal of annexure 2 to this petition. It is further contended by him that on the alleged date of the occurrence, petitioner had given information about the condition of the deceased on telephone which is evident from perusal of annexure 3 to this petition and after that dead body of the deceased was cremated at cremation ghat which is evident from perusal of annexure 4 to this petition. It is also pointed out by him that in course of investigation, doctor also verified this fact that prior to her death, deceased came to his clinic. Patna High Court Cr.Misc. No.7448 of 2012 (3) dt.04-05-2012 Regard being had to the facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner in connection with Phulwarisharif P.S. Case no. 82/2011 pending in the court of Sri Md Saleem, Judicial Magistrate, Ist Class, Patna is, hereby, rejected. However, it is informed by learned counsel for the petitioner that charges have already been framed against the petitioner and, therefore, in the aforesaid circumstances, concerned court is directed to conclude the trial of the petitioner within nine months from the date of receipt of this order, failing which the petitioner shall be entitled to renew his prayer for bail in the trial court itself. shahid (Hemant Kumar Srivastava,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.