Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27799 of 2012 ====================================================== Sunil Kumar @ Sunil Gupta & Anr. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 07-08-2012 Petitioners being husband and father of the husband are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . and ¾ of the Dowry Prohibition Act. Accusation is of killing the daughter of the informant within few month of the marriage. It is alleged that since the victim could not conceive, hence she was tortured. Moreover the suicidal note suggests that accusation was levelled against her for stealing some money and transferring the same to her parents’ house and due to the humiliation, she committed suicide. It is submitted by learned counsel for the petitioners that suicidal note does not reflect the name of these petitioners and the victim was being treated for her infertility to the doctor. The medical report has been brought on record. Patna High Court Cr.Misc. No.27799 of 2012 (2) dt.07-08-2012 2 / 2 2 Considering the fact that death took place within few months of the marriage, this Court is not inclined to grant anticipatory bail to the husband Sunil Kumar @ Gunil Gupta. Hence the application for grant of anticipatory bail to petitioner No. 1 Sunil Kumar @ Sunil Gupta stands rejected. Considering the suspicious nature of accusation, let the petitioner No. 2 namely Subhash Gupta, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna City in connection with Alamganj P.S. Case No. 26 of 2012. Shageer/- (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.