Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41054 of 2012 ====================================================== 1. Rubi Devi 2. Gaya Devi. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 27-11-2012 Heard learned counsels for the petitioners and the State. The petitioners being the mother and brother’s wife of the husband of the victim are apprehending arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of killing the daughter of the informant by making assault after six years of the marriage for non-fulfilment of the dowry demand. It is submitted by learned counsel for the petitioners that the victim received injury on the head since she felled from the stair as only one injury has been found on the temporal region which gets reflected from the postmortem report as contained in Annexure-2, when the informant has admitted in the FIR that he found the victim in the hospital which suggests the bona fide of the accused persons. Moreover, the informant has retracted from his initial version and filed an application to that effect before the Patna High Court Cr.Misc. No.41054 of 2012 (2) dt.27-11-2012 2/2 learned court below. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Halsi (Ramgarh Chowk) P.S. Case No. 47 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bonds of the petitioners shall be accepted on filing affidavit by the petitioners before the learned court below to the effect that they will regularly co-operate in the investigation. The said affidavit will be transmitted to the I.O., concerned. The non-co-operation of the petitioners in the investigation will give liberty to the prosecution to file an application for cancellation of the bail of the petitioners. Amrendra/- (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.