Case Facts:
Patna High Court Cr.Misc. No.17896 of 2012 (2) dt.23-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 17896 of 2012 ====================================================== 1. Krishna Mohan Singh S/O Sri Kameshwar Singh Resident Of Village- Dhankaul, P.S.- Simri, District- Darbhanga. 2. Rita Devi W/O Sri Kameshwar Singh Resident Of Village- Dhankaul, P.S.- Simri, District- Darbhanga. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02. 23.08.2012 The Petitioners seek quashing of the order dated 16.03.2012 passed by the Additional Sessions Judge, F.T.C.-I, Darbhanga in S.Tr. No. 514 of 2011 by which he has rejected an application for discharge. The Petitioners are the husband and mother-in-law of the deceased respectively and it is pleaded by the Petitioners that in fact the deceased has committed suicide because she did not want to live with her husband and in-laws. The further submission is that in the facts of the case no offence under [STATUTE] is made out. However, considering that even if charge under [STATUTE] is framed no prejudice would be caused to the Petitioner, I am not inclined to interfere in the matter. The application is disposed off with a direction to the Trial Court to consider framing of charge under [STATUTE] if required in the facts of the case so that none of the parties are prejudiced. Vikash/- (Anjana Prakash, 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.