Case Facts:
Patna High Court Cr.Misc. No.9675 of 2012 (3) dt.04-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9675 of 2012 ====================================================== Dharmendra Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 04.05.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is husband of the deceased and he is jail custody since 26.11.2011 in a case registered under [STATUTE] . Admittedly, marriage of the petitioner had taken place with the informant’s daughter on 6.6.2010 and it is stated that within two years of her marriage, the petitioner and his other family members killed informant’s daughter for lust of dowry. The contention of learned counsel for the petitioner is that, as a matter of fact, petitioner was kidnapped by the informant of the present case and in respect of the aforesaid occurrence, father of the petitioner gave informatory petition on 12.6.2011 and after that on 14.6.2011 informant lodged the present case. It is further contended by him that petitioner’s wife was residing at her Maike and later on, in course of investigation, one skeleton was recovered and up till now, the identity of the aforesaid skeleton could not be established. So, the aforesaid fact clearly goes to show that the victim is in possession of the informant of the present case. It is further contended by him that having considered the above stated Patna High Court Cr.Misc. No.9675 of 2012 (3) dt.04-05-2012 facts and circumstances several co-accused persons have already been granted privilege of bail. Regard being had to the facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner in connection with Sikroul P.S. Case no. 41/2011 pending in the court of the Chief Judicial Magistrate, Buxar is, hereby, rejected. However, the Chief Judicial Magistrate, Buxar is directed to commit the case of the petitioner to the court of Sessions in accordance with law as early as possible. shahid (Hemant Kumar Srivastava,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.