Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11131 of 2012 ====================================================== 1. Manish Kumar @ Manish Choudhary, Son of Sanjeev Choudhary, R/o Village-Rambhadrapur, P.S.-Hathauri, District-Samastipur 2. Sonu Kumar @ Raman Kumar Jha @ Sonu Kumar Jha, Son of Ram Sorath Jha, R/o village-Lakhanpatti, P.S.-Warisnagar, District- Samastipur. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 14-03-2012 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners apprehend their arrest in connection with a case instituted under [STATUTE] . They happen to be nephew of the deceased. It is submitted that there is general and omnibus allegation in the F.I.R. The police on conclusion of investigation found the accusation as against the petitioners to be false and they were not sent up for trial, though, charge sheet was submitted against other accused persons. However, differing with the police report, the learned Magistrate took cognizance of the offence against the petitioners also. Be that as it may, considering the facts and circumstances of the case, let the petitioners, namely (i) Manish Kumar @ Manish Choudhary & (ii) Sonu Kumar @ Raman Kumar Jha @ Sonu Kumar Jha Patna High Court Cr.Misc. No.11131 of 2012 (2) dt.14-03-2012 2 / 2 2 in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Rosera, District-Samastipur in connection with Hathauri P.S. Case No. 16 of 2011 subject to the condition as laid down under Section 438(2) Cr. P.C. as also subject to the following conditions: (i) That both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners. (ii) That the petitioners will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them to disclose such facts to the court or to any other authority. (iii) That they will remain present before the court on the dates fixed for hearing of the case. If they want to remain absent, then they will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they will immediately inform the court and request that they may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violate any of the conditions imposed by this Court. Sanjeet/- (Ashwani 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.