Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28975 of 2010 ====================================================== Champa Devi, wife of late Sipahi Sah, resident of village-Chaugari, P.S. Murar, District-Buxar (Bihar) .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 04. 16-05-2012 Heard Mr. Gopal Govind Mishra, learned counsel appearing on behalf of the petitioner and Mr. Ramchandra Singh, learned counsel appearing on behalf of the opposite party no. 2 as well as the learned Additional Public Prosecutor for the State. The petitioner is aggrieved by the order dated 22.06.2010 passed by the learned 5th Additional District Judge, Bhojpur at Ara in Sessions Trial No. 55 of 2009 arising from Bihia P.S. Case No. 123 of 2007 registered for offences punishable under [STATUTE] and Sections ¾ of the Dowry Prohibition Act, whereby the learned court has been pleased to reject the prayer made on behalf of the informant- petitioner under Section 319 of the Code of Criminal Procedure to summon the accused persons mentioned in the First Information Report for facing trial. Perusal of the order impugned passed by the learned trial court manifest that the prayer of the petitioner had not been Patna High Court Cr.Misc. No.28975 of 2010 (4) dt.16-05-2012 2 entertained at that stage since the Investigating Officer of the case had not been examined. It is not in dispute rather admitted by the parties that the Investigating Officer has since been examined as prosecution witness no. 9 and the evidence is placed at Annexure-C series to the affidavit filed on behalf of the accused-opposite party nos. 2 to 9. Although this Court is not prima facie satisfied as to the reason assigned by the trial court for not entertaining the petition filed on behalf of the informant-petitioner simply because the Investigating Officer had not been examined. However, as the admitted position is that the Investigating Officer has since been examined in the trial, there is now no such impediment remaining and in which view of the matter the petitioner would be at liberty to renew his prayer under Section 319 of the Code of Criminal Procedure before the trial court and which may be considered and disposed of in accordance with law. With the observation aforesaid, this application is disposed of. S.Sb/- (Jyoti Saran, 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.