Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22205 of 2012 ====================================================== 1. Sanjay Sharma 2. Rakesh Sharma. 3. Rina Devi. 4. Babita Kumari. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 06-08-2012 Heard learned counsels for the petitioner and the State. The petitioners being the brothers and brothers’ wives of the husband of the victim are apprehending arrest in a case registered for the offences punishable under [STATUTE] and Section 3/4 of the Dowry Prohibition Act. The accusation is of killing the daughter of the informant within one year of the marriage for non-fulfillment of the dowry demand and disposal of the dead body of the victim. It is submitted by learned counsel for the petitioners that the statements of the independent witnesses, recorded in paras 34, 35 and 36 of the case diary, suggest that the petitioners were in Assam at the relevant time for earning their livelihood. The said contention of the petitioner has not been controverted by learned APP. Patna High Court Cr.Misc. No.22205 of 2012 (3) dt.06-08-2012 2/2 Considering the fact that the thrust of accusation is against the husband of the victim who, as per learned counsel for the petitioners, is in custody, 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, Gopalganj in connection with Baikunthpur P.S. Case No. 14 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C. 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.