Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43417 of 2011 ====================================================== Mohril Sah, S/o Late Prnu Sah, resident of Village- Athpahra, P.S. - Dhoraiya, District- Banka. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 10-02-2012 Heard the parties. The petitioner is in custody in connection with Dhoraiya (Dhankund) P.S. Case No.77 of 2011 for the offences punishable under [STATUTE] . The petitioner happens to be the husband of the deceased. Learned counsel for the petitioner with reference to the statement of the eye witness who is sister of the deceased as found in paragraph 4 of the case diary submits that following an altercation between the husband and wife the deceased had consumed poison. He further submits that it has also come during the course of investigation as found in paragraph 77 of the case diary that the petitioner did make attempts for getting his wife treated but did not succeed as she deceased. Considering the circumstances, let the petitioner, Patna High Court Cr.Misc. No.43417 of 2011 (3) dt.10-02-2012 2 namely, Mohril Sah be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Dhoraiya (Dhankund) P.S. Case No.77 of 2011. SKPathak/- (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.