Case Facts:
Patna High Court Cr.Misc. No.41666 of 2012 (2) dt.04-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41666 of 2012 ====================================================== 1. Jitu Das S/O Bhikhar Das Resident Of Village- Pipra Khem, P.S.- Kalyanpur, District- East Champaran, Motihari 2. Surendra Das S/O Bhikhar Das Resident Of Village- Pipra Khem, P.S.- Kalyanpur, District- East Champaran, Motihari .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 04-12-2012 Heard learned counsels for the petitioners and the State. The petitioners being brother of the husband of the victim are apprehending arrest in a case registered for the offences punishable under [STATUTE] and sections 3 and 4 of the Dowry Prohibition Act. The accusation is of killing the daughter of the informant after two years for non-fulfillment of dowry demands. It is submitted that the petitioners were residing outside the state and was not aware of the involvement in the present case. It is further submitted that one Bhikhar Das has been acquitted vide S.T. No. 8 of 2003. In view of the fact that other accused has been acquitted, let the learned court below consider the regular bail of the petitioners in case the petitioners surrender within six weeks Patna High Court Cr.Misc. No.41666 of 2012 (2) dt.04-12-2012 from today in connection with Kalyanpur P.S. Case no. 36 of 2002 pending in the court of learned C.J.M., East Champaran, Motihari. This application is disposed of with the aforesaid observation/direction. Let this order be transmitted through FAX at the cost of the petitioners. Anil/- (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.