Case Facts:
Patna High Court Cr.Misc. No.38894 of 2011 (3) dt.19-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38894 of 2011 ====================================================== Pawan Kumar, son of Laxman Ram, resident of Village- Piraunchha, Police Station- Gaighat, District- Muzaffarpur. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 19-03-2012 Heard learned counsel for the petitioner and learned counsel for the State. However, earlier the case has been lodged for offence under [STATUTE] alleging therein that daughter of the informant has been done to death after having assault. However, from perusal of the case diary, it is apparent that there is no allegation regarding demand of dowry nor there is any evidence of subjecting cruelty for non-fulfillment of dowry. However, charge sheet was submitted under [STATUTE] . only on the basis of that only evidence is that husband and wife used to quarrel and victim set to fire herself. However, there is no specific allegation about subjecting cruelty by the husband except that husband used to quarrel with the victim. The petitioner is in jail custody since 04. 08. 2011. Under the above facts and circumstances of the case the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with Gaighat P.S. Case No. 156 of 2010. m.p. (Gopal Prasad, 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.