Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23348 of 2012 ====================================================== 1. Kamlesh Bhagat, Son of Motilal Bhagat, resident of Samogar, P.S. Kateya, District-Gopalganj. 2. Prabhawati Devi, W/O Motilal Bhagat, resident of Samogar, P.S. Kateya, District-Gopalganj. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== with Criminal Miscellaneous No.23316 of 2012 ====================================================== 1. Kripa Shankar Bhagat, Son of Motilal Bhagat, resident of Samogar, P.S. Kateya, District-Gopalganj. 2. Ashok Bhagat, Son of Motilal Bhagat, resident of Samogar, P.S. Kateya, District-Gopalganj. 3. Arti Devi, W/O Kripa Shankar Bhagat, resident of Samogar, P.S. Kateya, District-Gopalganj. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 05-07-2012 Heard learned counsels for the petitioners and the State. The petitioners being the husband, mother, brothers and brother’s wife are apprehending their arrest in a case registered for the offences punishable under [STATUTE] and ¾ of the D. P. Act. The accusation is of killing the daughter of the informant after five years of marriage for non- Patna High Court Cr.Misc. No.23348 of 2012 (2) dt.05-07-2012 2 / 3 2 fulfillment of dowry demand. It is submitted by learned counsel for the petitioners that accusation is omnibus and general and the informant during trial of other accused has not supported the accusation. Considering the fact that trial has started and these petitioners have still not pursuing in trial. This Court is not inclined to grant anticipatory bail to petitioner no.1 (Kamlesh Bhagat) of Cr. Misc. No. 23348 of 2012 who is husband of the informant. His prayer for anticipatory bail is rejected in connection with Kateya P.S. Case No. 250 of 2011 (G.R. No. 3371 of 2011) pending in the court of the learned C.J.M., Gopalganj. So far as other petitioners are concerned, keeping in view of evidence of informant, let them except petitioner Kamlesh Bhagat be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Kateya P.S. Case No. 250 of 2011 (G. R. No. 3371 of 2011) on furnishing bail bond of Rs.10,000/-(Ten Thousand)each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Gopalganj, subject to the conditions as laid down under Section 438(2) of the Patna High Court Cr.Misc. No.23348 of 2012 (2) dt.05-07-2012 3 / 3 3 Code of Criminal Procedure. Let the learned court below positively cancel bail bond of petitioners if the petitioners default for two consecutive occasions during trial. Let the order be faxed to the learned court below at the cost of the petitioners. U.K./- (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.