Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32254 of 2012 ====================================================== Niraj Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 04-09-2012 Petitioner being husband of the victim is apprehending his arrest in a complaint case in which cognizance has been taken under [STATUTE] . Accusation is of killing the daughter of the complainant after two years of marriage. It is submitted by learned counsel for the petitioner that victim received accidental burnt injuries on 27.08.2010 when she was given medical assistance but she could not survive and died on 29.08.2010. The father of the victim was informed who received the dead body of the victim but subsequently retracted from the initial version. The police, during investigation, after finding the accidental fire and the retracted version of the informant, submitted final form which was accepted. Subsequently protest petition was filed by the mother of the victim when cognizance has been taken. Patna High Court Cr.Misc. No.32254 of 2012 (2) dt.04-09-2012 2 / 2 2 It is submitted by learned counsel for the complainant that victim received 100% burnt injuries which can not be treated to be accidental burnt injuries and considering the statement of the complainant, the cognizance has been taken. Considering the accusation found false during investigation when protest was not filed by the informant, let the petitioner namely Niraj Kumar, 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 Judicial Magistrate, 1st Class, Danapur in connection with Complaint Case No. 200(C ) of 2010, arising out of Paliganj P.S. Case No. 169 of 2010. 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.