Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3157 of 2012 ====================================================== 1. Gyanti Devi, 2. Motilal Mahto, 3. Varun Kumar alias Varun Mahto, 4. Sujit Mahto alias Sujit Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 2 01-02-2012 Heard learned counsels for the petitioners and the State. The petitioners being grand father, mother and younger brother of the husband are apprehending arrest in a case registered under [STATUTE] . The accusation is of killing the victim within one and half years of the marriage for non fulfillment of dowry demand. It is submitted by learned counsel for the petitioners that in fact the husband performed love marriage and hence, there was no occasion for the petitioners of demanding dowry. Considering the fact that the accusation is against the husband and learned counsel for the petitioners undertakes that the husband will surrender within six weeks, let the above Patna High Court Cr.Misc. No.3157 of 2012 (2) dt.01-02-2012 2 / 2 2 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) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Teraiya P.S. Case No. 120 /2010 subject to the conditions as laid down under Section 438(2) Cr.P.C. The learned court below will accept the bail bonds of the petitioners only on surrender of the husband. 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.