Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11087 of 2012 ====================================================== 1. Bipin Thakur 2. Nepali Thakur 3. Shila Devi 4. Kalpana Devi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 01-05-2012 Heard learned counsels for the petitioners and the State. The petitioners being the husband, parents of the husband and husband brother’s wife are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of killing the niece of the informant after six years of the marriage by administering poison for non-fulfillment of the dowry demand. Considering the fact that thrust of accusation is against petitioner no. 1 Bipin Thakur, who is the husband of the deceased, this Court is not inclined to Patna High Court Cr.Misc. No.11087 of 2012 (3) dt.01-05-2012 2/2 grant anticipatory bail to him. Accordingly, his prayer for anticipatory bail is dismissed. So far petitioner nos. 2, 3 and 4 are concerned, considering the general nature of accusation, let the above named petitioner nos. 2, 3 and 4 be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Naugachia, Bhagalpur in connection with Bihpur (Bhawanipur) P.S. Case No. 378 of 2009, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (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.