Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12496 of 2012 ====================================================== Rajesh Srivastava @ Nandu @ Rajesh Kumar Sinha, S/o Sri Bhuvneshwar Lal Verma @ Bhuneshwar Prasad Srivastava, resident of Village- Shivpuri, P.S. Buxar Nagar, District- Busar. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Prasad, Advocate For the Opposite Party/s : Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 2 23-03-2012 Heard the parties. The petitioner is in custody in connection with Sessions Trial No.36 of 2012 arising from Buxar (Town) P.S. Case No.248 of 2011 for an offence punishable under [STATUTE] . Learned counsel for the petitioner with reference to the FIR submits that the very fact that no case has been instituted by the father of the deceased itself indicates the falsity of allegation. He further submits that the couple had been married only 15 months from the date of the occurrence and have a four months’ old child. It is further stated that the circumstances that due intimation was given to the family of the deceased and that the police was also informed and autopsy was conducted on the deceased, itself shows the bona-fides of the Patna High Court Cr.Misc. No.12496 of 2012 (2) dt.23-03-2012 2 petitioner. Regard being had to the circumstances and the submission of learned counsel, let the petitioner, namely, Rajesh Srivastava @ Nandu @ Rajesh Kumar Sinha be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.P. Kumar, learned Additional District Judge, F.T.C., 1st, Buxar in connection with Sessions Trial No.36 of 2012 arising from Buxar (Town) P.S. Case No.248 of 2011; subject to the condition that the petitioner shall ensure his representation before the trial court on each and every date fixed in the trial and failure on the part of the petitioner to ensure his representation on two consecutive dates fixed in the trial without reasonable explanation to the satisfaction of the trial court, would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. SKPathak/- (Jyoti Saran, 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.