Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3208 of 2012 ====================================================== Sundar Devi @ Maha Sundar Devi & Anr. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 2 01-02-2012 Petitioner No.1 being mother of the husband and petitioner No. 2 being the husband himself are apprehending their arrest in a case registered for the offences under [STATUTE] . Accusation is of killing the victim for non- fulfilment of dowry demand after five years of the marriage. It is submitted by learned counsel for the petitioners that informant has subsequently retracted from initial version. This Court is not inclined to grant anticipatory bail to the husband being petitioner No. 2 namely Ashok Kumar Rai @ Panchu Rai. The grant of anticipatory bail of petitioner No. 2 stands rejected. Let learned Court below consider regular bail application of petitioner No. 2, keeping in view of the Patna High Court Cr.Misc. No.3208 of 2012 (2) dt.01-02-2012 2 / 2 2 retracted version of the informant in connection with Sonepur P.S. Case No. 124 of 2010, pending in the Court of learned Chief Judicial Magistrate, Saran, Chapra. Considering the aforesaid facts, let the petitioner No.1 namely Sundar Devi @ Maha Sundar Devi, in the event of her arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran, Chapra in connection with Sonepur P.S. Case No. 124 of 2010. Shageer/- (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.