Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43738 of 2012 ====================================================== Rajendra Bhagat @ Rajendra Paswan, son of late Parikshan Bhagat, resident of village-Amer, P.S.-Bidupur, District- Vaishali. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 09-11-2012 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in Bidupur P.S. Case No.39 of 2012 registered for the offence punishable under [STATUTE] . The allegation against the petitioner and other co-accused is to have demanded dowry and due to non-fulfillment of demand of dowry, the deceased Rekha Devi was killed by them. It is submitted that there is no specific allegation of overt act against the petitioner. The petitioner is the father-in-law of the deceased. He was living separately from his daughter-in-law and his son. It is further submitted that in similar facts and circumstances, the co-accused Pramod Paswan @ Pramod Bhagat has been granted bail by a Bench of this Court vide order dated 31.07.2012 passed in Cr. Misc. No.29002 of 2012. The petitioner is in custody since 27.07.2012. Patna High Court Cr.Misc. No.43738 of 2012 (2) dt.09-11-2012 2 Learned counsel for the State could not controvert the contention of the learned counsel for the petitioner while opposing his prayer for bail. Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur with the following conditions : 1. One of the bailors will be the close relative of the petitioner. 2. The petitioner will not indulge in similar or in any other offence. 3. The petitioner will be well represented in the court. 4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the concerned court and he will be taken into custody. V.K. Pandey/- (Amaresh Kumar Lal, 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.