Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44161 of 2011 ====================================================== Ashish Kumar Bhagat @ Mantu S/O Shri Lalu Bhagat, resident of Village- Narpatganj, Police Station-Narpatganj, District-Araria .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER -------------------- 4 16-05-2012 Heard Smt. Aparna Bharti, learned counsel for the petitioner and Sri Rajendra Shastri, learned Addl. Public Prosecutor. This is the second attempt for grant of bail to the petitioner in connection Narpatganj P.S. Case no.118 of 2009 registered for offence under [STATUTE] . Keeping in view seriousness of the allegation as well as the fact that the petitioner was the husband of the deceased, prayer for bail of the petitioner was rejected. Fact remains that the petitioner is in custody since 18.12.2009. In this case, by order dated 01.02.2012 a report was called for from the court below regarding stage of the trial, which has been received and kept at Flag-B. On perusal of the report, it appears that some of the witnesses were examined by predecessor of the present learned Patna High Court Cr.Misc. No.44161 of 2011 (4) dt.16-05-2012 2 / 2 2 Addl. Sessions Judge, F.T.C.No.4, Araria. Thereafter, despite the efforts taken by learned trial court, the prosecution witnesses have not turned up. The report indicates that even the informant has not appeared. However, learned counsel for the petitioner informs the Court that subsequently, the informant appeared but he has not supported the prosecution case. Be that as it may, keeping in view the fact that the petitioner is in custody since 18.12. 2009 and the prosecution is not taking effective steps for early disposal of the trial, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge, F.T.C.IV, Araria in connection with S.Tr.No.298 of 2011 arising out of Narpatganj P.S. Case no.118 of 2009 with a condition that the petitioner shall remain physically present before the trial court on each and every date , failing which his bail bond shall stand automatically cancelled. However, in special exigency with prior permission of the Court, he can remain absent on a particular date. NKS/- (Rakesh Kumar, 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.