Case Facts:
Patna High Court Cr.Misc. No.39353 of 2012 (4) dt.18-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39353 of 2012 ====================================================== Md. Munna Mushtaque .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 18.12.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner being husband of the deceased is in jail custody in a case registered under [STATUTE] . Marriage of the petitioner with the deceased had taken place two and half years ago and allegedly, petitioner and other accused used to torture the deceased on account of non-fulfillment of dowry demand and lastly, it is stated that they committed murder of the deceased. The contention of learned counsel for the petitioner is that in course of investigation, it came to light that the deceased committed suicide as she wanted to go to her Naiher which was not allowed by the family members of the petitioner as a result of which she committed suicide which is corroborated by the post mortem report of the deceased. It is pointed out by him that parents-in-law of the deceased have already been granted privilege of bail by another bench of this court. Regard being had to the facts and circumstances as well submissions of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Sikati Patna High Court Cr.Misc. No.39353 of 2012 (4) dt.18-12-2012 (Bardaha) P.S. Case no. 55/2011 pending in the court of Chief Judicial Magistrate, Araria is, hereby, rejected. It appears from perusal of this petition that the case of the petitioner is still pending in the court of learned Chief Judicial Magistrate, Araria and if it is so, learned Chief Judicial Magistrate, Araria shall commit the case of the petitioner to the court of Sessions in accordance with law within four weeks from the date of receipt of this order and after commitment, the trial court shall take all possible steps to conclude the trial of the petitioner as early as possible. Shahid (Hemant Kumar Srivastava,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.