Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9719 of 2012 ====================================================== 1. Umesh Sharma 2. Nagendra Sharma .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 29-03-2012 Heard learned counsels for the petitioners and the State. The petitioners being the elder brother and husband of the deceased are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of killing the daughter of the informant within few months of the marriage for non-fulfillment of the dowry demand. The husband petitioner no. 2 has not been named in the FIR but subsequently his named sprang up. It is submitted by learned counsel for the petitioner that husband petitioner no. 2 was not present in the house when occurrence took place. Considering the fact that other accused Patna High Court Cr.Misc. No.9719 of 2012 (2) dt.29-03-2012 2/2 persons have been granted regular bail vide Cr. Misc. No. 38069 of 2011, I see no reason for learned court below not to grant same privilege to petitioner no. 1 if he surrenders before the learned court below within a period of six weeks from today in connection with Maker P.S. Case No. 37 of 2011 pending in the court of learned Chief Judicial Magistrate, Saran, Chapra. Let petitioner no. 2 husband surrender before the learned court below and pray for regular bail which will be considered on the materials collected during investigation. With the aforesaid observation, this application is disposed of. Let the order be transmitted to the learned court below through fax at the cost of the petitioners. DKS/ (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.