Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1866 of 2012 Manoj Sah Versus The State Of Bihar ---------------------------------- 2/ 19.1.2012 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending his arrest in a complaint case in which cognizance has been taken under [STATUTE] and section 4 of Dowry Prohibition Act. The accusation is of demand of dowry and torture though subsequently the wife died at her parents’ house when a case under [STATUTE] was also instituted separately against the petitioner and others. It appears that the death of the victim at her parents’ house is admitted and since no information was given to the husband, the husband also lodged a complaint case under [STATUTE] against the parents, brothers and sister of his wife, one of them is complainant of this case. Considering the fact that now substantive cases have been lodged from both sides and the complainant is dead, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs.10000/(ten thousand) with two 2 sureties of the like amount each to the satisfaction of SDJM, Begusarai in Complaint Case no. 2257 C of 2010 subject to the conditions as laid down under section 438(2) of the Cr.P.C. Anil/ (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.