Case Facts:
Patna High Court Cr.Misc. No.28704 of 2012 (3) dt.13-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28704 of 2012 ====================================================== 1. Madan Paswan 2. Sebai Devi @ Shivani Devi 3. Bhular Paswan 4. Ramu Paswan 5. Raju Paswan .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 13-12-2012 Heard learned counsels for the petitioners and the State. The petitioners being the parents, brother, co-villager and the brother-in-law of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under [STATUTE] and 3/4 of Dowry Prohibition Act. The accusation is of killing the daughter of the informant within one year of the marriage for non- fulfillment of the dowry demand. It is specifically alleged that for the broken nosepin there was some dispute in between the mother-in-law and the victim when the victim was assaulted and abused by the Patna High Court Cr.Misc. No.28704 of 2012 (3) dt.13-12-2012 mother-in-law and thereafter the others also participated in throttling the victim when the dead body was subsequently recovered from a water channel. It is submitted by learned counsel for the petitioners that the post-mortem reflects no external injury and the victim died due to drowning and the husband of the victim is in custody. Considering the specific accusation against mother-in-law Sebai Devi @ Shivani Devi, petitioner no. 2, this Court is not inclined to grant anticipatory bail to petitioner no. 2, hence, her prayer for anticipatory bail is rejected. Considering the accusation not being corroborated with the post-mortem report, let the above named petitioners except petitioner no. 2 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 bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran at Motihari in Patna High Court Cr.Misc. No.28704 of 2012 (3) dt.13-12-2012 connection with Turkaulia P.S. Case No. 177 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (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.