Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19427 of 2012 ====================================================== 1. Urmila Devi W/O Sri Dinesh Pandeya Resident Of Village- Dumarkala, P.S- Khaira, District- Jamui 2. Dinesh Pandeya S/O Late Mathura Pandeya Resident Of Village- Dumarkala, P.S- Khaira, District- Jamui .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. P.K. Lal, Advocate. For the Opposite Party/s : Mr. Ajay Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 22-05-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioners apprehend arrest in connection with Khaira P.S. Case No. 16 of 2012 for the offences punishable under [STATUTE] and ¾ of the Dowry Prohibition Act. According to the First Information Report it appears that money was paid but there was demand of dowry by the husband. There is allegation that victim lady has died due to torture which led to filing of the present case. Learned counsel for the petitioners submits that victim lady was suffering from aids and in support of his Patna High Court Cr.Misc. No.19427 of 2012 (2) dt.22-05-2012 2 / 2 2 contention he has filed a certificate issued by Bihar State Aids Control Society, Patna. From the impugned order it is apparent that the victim lady was also suffering from some illness from child-hood and when she was seriously ill money was arranged by the villagers for her treatment and proceeded to P.M.C.H. but while coming to Patna she succumbed to the injuries. Under the circumstances, in the event of arrest or surrender within four weeks from toady the abovenamed petitioners are directed to be released on anticipatory bail on his furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No. 16 of 2012 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Vinay/- (Shivaji Pandey, 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.