Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18358 of 2012 ====================================================== Prabha Devi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Bhushan Pandey, Advocate Mr. Mahendra Thakur, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 16-05-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending her arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of killing the daughter of the informant after six years of the marriage. It is alleged against the petitioner that the husband of the deceased has illicit relationship with this petitioner when this petitioner used to reside with the husband of the deceased. It is submitted by learned court below for Patna High Court Cr.Misc. No.18358 of 2012 (2) dt.16-05-2012 2/2 the petitioner that on suspicion the accusation has been made and the husband of the deceased is in custody. Considering the fact that other accused Surendra Sahani has been granted regular bail vide Cr. Misc. No. 42721 of 2011 and the petitioner is a lady, I see no reason for learned court below not to give same privilege to the petitioner if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Turkaulia (Banjariya) P.S. Case No. 223 of 2011 pending in the court of learned Chief Judicial Magistrate, East Champaran at Motihari. With the aforesaid observation, this application is disposed off. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. 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.