Case Facts:
Patna High Court Cr.Misc. No.44138 of 2011 (2) dt.23-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44138 of 2011 ====================================================== 1. Rajesh Prasad Singh S/O Sahdev Prasad Singh Resident Fo Village- Chilmil Tola, Devki Nagar, P.S.- Moffasil, District- Begusarai .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ship Pujan Singh, Advocate. For the Opposite Party/s : Mr. Md. Aslam Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 23-07-2012 Heard learned counsel for the petitioner and learned counsel for the State. This application has been filed for quashing the First Information report of Moffasil P.S. Begusarai No.259 of 2006 registered under [STATUTE] was added. Learned counsel for the petitioner submits that he is an army man and he is being treated by the doctor in the military hospital which is an alibi and the same can not be seen at this stage. It can hardly be a matter for consideration in case where the allegation has made of torture and physical assault either he may be army man or civilian, if a person has committed an offence he will have to face the Patna High Court Cr.Misc. No.44138 of 2011 (2) dt.23-07-2012 consequences for that. This Court is not going to express any opinion on the merit of the case as the petitioner is praying for quashing the First Information Report of 2006. Accordingly this application is dismissed on the ground of delay and laches. However, the court below is directed to expedite the trial and decide the matter in accordance with law. Vinay/- (Shivaji Pandey, 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.