Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2397 of 2012 ====================================================== 1. Majeeda Khatoon. 2. Majebul. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 2 27-01-2012 Heard learned counsels for the petitioner and the State. The petitioners being the brother and mother of the husband are apprehending their arrest in a case registered under [STATUTE] . The accusation is of torture for non-fulfillment of the dowry demand within 31/2 year of the marriage. It is submitted by learned counsel for the petitioners that when the victim committed suicide, the petitioners were residing in Ludhiyana. Some of the independent witnesses have also supported this fact that the petitioners were in Ludhiyana when the occurrence took place. Considering the fact that the thrust of Patna High Court Cr.Misc. No.2397 of 2012 (2) dt.27-01-2012 2 / 2 2 accusation is against the husband who is in custody, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the 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, Kishanganj In connection with Pothia (Paharkatta) P.S. Case No. 85 of 2011 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. 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.