Case Facts:
Patna High Court Cr.Misc. No.26845 of 2012 (3) dt.18-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26845 of 2012 ====================================================== Parikshan Mahto @ Udai Mahto .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 18.09.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 24.5.2012 in a case registered under [STATUTE] . Admittedly, petitioner is husband of the deceased whose marriage had taken place with the petitioner one year ago. Post mortem report of the deceased reveals that one legature mark was found on the neck of the deceased but submission on behalf of the petitioner is that it was the petitioner who gave information regarding the occurrence to the informant and having got information, informant reached at the home of the petitioner. It is further contended by him that in course of investigation when further statement of the informant was recorded at para 16 of the case diary, he clearly stated that deceased committed suicide and he lodged this case out of anger. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Parikshan Mahto @ Udai Mahto, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga in Sadar(Darbhanga) P.S. Case no. 154/2012. Shahid (Hemant Kumar Srivastava,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.