Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43834 of 2011 ====================================================== 1. Kumar Nath Jha @ Kumar Jha S/O Bhola Jha Resident Of Village- Itwa- Shivnagar, P.S.- Biraul, District- Darbhanga .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3. 04-05-2012. Heard learned counsel for the petitioner and learned counsel for the State. This application has been field for grant of regular bail to the petitioner who is husband of deceased in connection with Biraul P.S.Case No.92 of 2011 registered under [STATUTE] . The marriage of the petitioner and the daughter of informant was solemnized in the year 2007 and the occurrence is said to have taken place in the year 2011. There is allegation of demand of dowry and torture against the petitioner. It appears that the victim was burnt to death in her sasural and the dead body was found in the house of the petitioner. It is also alleged that a small child of victim was also burnt. She was Patna High Court Cr.Misc. No.43834 of 2011 (3) dt.04-05-2012 2 also used to be subjected to cruelty for nonfulfilment of demand of money and just before the occurrence she was subjected to cruelty. Having regards to the facts and circumstances, I am not inclined to grant bail to the petitioner. The application is dismissed. ahk/- (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.