Case Facts:
Patna High Court Cr.Misc. No.42604 of 2010 (8) dt.03-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42604 of 2010 ================================================== 1. Vijay Sharma 2. Sanjay Sharma, Both sons of Rujhan Sharma 3. Rujhan Sharma, son of late Dukhi Sharma, all resident of village – Rampur Pali, P.S. – Khajauli, District – Madhubani. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ================================================= CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA) 8 03-02-2012 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners, apprehending their arrest in connection with Khajauli P.S. Case No. 60/2008 for offences under [STATUTE] , Vide order dated 15.03.2011, this application was withdrawn as having infructuous with regard to petitioner nos. 1 and 3. Now prayer remains as regard to petitioner no. 2 Sanjay Sharma, who is one of the named accused in this case being brother-in- law (Dewar) of the deceased. Submission is that earlier on the death of deceased, complaint case no. 197/2008 was filed by her father which resulted into institution of Khajauli P.S. Case No. 214/2008, wherein police after investigation submitted final form. Simultaneously, one UD Case No. 01/2008 was instituted at the instance of petitioner’s mother i.e. mother-in-law of the deceased, during investigation on which the Patna High Court Cr.Misc. No.42604 of 2010 (8) dt.03-02-2012 investigating officer on the basis of statement of parents of the deceased and opinion of the doctor who conducted autopsy of the dead body got the instant case instituted named all the in-laws including husband of the deceased. Further, submission is that at no point of time there is anything specific against the petitioner who is none else than young brother-in-law of the deceased and considering all such aspects, and female members of the family have already been granted privilege by a Bench of this Court vide order dated 02.08.2010 passed in Cr. Misc. No. 18880/2010. Considering the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks from today, let the above-named petitioner namely, Sanjay Sharma, be enlarged on bail furnishing bail bonds of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani, in connection with Khajauli P.S. Case No. 60/2008, subject to condition under Section 438(2) of the Code of Criminal Procedure, further additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, the privilege granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, 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.