Case Facts:
Patna High Court Cr.Misc. No.2621 of 2012 (2) dt.06-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2621 of 2012 ====================================================== Rojiddan Begum W/O Md.Majrul R/O Vill Lasba Maker Kakchhin Tola, P.S.Maker, Distt-Saran .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 02. 06-02-2012 Heard Mr. Mukesh Kumar Singh, learned counsel appearing on behalf of the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 8.12.2011 passed by the 2nd Additional District and Sessions Judge, Saran, Chapra passed in Bail Petition No. 1385 of 2011 arising from Maker P.S. Case No. 50 of 2011 registered for offence punishable under [STATUTE] . The petitioner happens to be the mother-in-law. It is stated that by reason of the daughter of the petitioner being on family way that she prayed for provisional bail and which was granted for the period 15.11.2011 and 01.12.2011 and which period was also further extended up to 07.12.2011. Learned counsel for the petitioner submits that on the very next day i.e. 8.12.2011, the learned Court below finding that the petitioner has not surrendered, has dismissed her bail application Patna High Court Cr.Misc. No.2621 of 2012 (2) dt.06-02-2012 on 08.12.2011 holding that the petitioner had misused the privilege of provisional bail. He submits that the petitioner is ready to surrender before the court below and make prayer for regular bail and which may be considered and disposed of by the learned Additional District and Sessions Judge without being prejudiced by his order dated 08.12.2011. Having heard learned counsel for the parties and having perused the materials on record, it is manifest that the period ending on 07.12.2011, the order has been passed on 08.12.2011 holding it to be a case of misuse. As the petitioner herself undertakes to surrender before the court below and pray for regular bail, she shall do so on or before 21.02.2012, together with an application praying for regular bail. The court concerned shall consider and dispose of the same on its own merits without being prejudiced by its observations made in the order impugned in the present application. With the aforesaid observation the application stands disposed of. Let the order be communicated to the court concerned by FAX at the cost and expense of the petitioner. S.Sb/- (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.