Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43094 of 2011 ====================================================== Ravi Kumar Singh @ Ravi Prakash Singh, S/o Late Shiv Shankar Singh, R/o,Village-Halim Tola, P.S.-Bharhariya,Dist.-Siwan. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhirdyuti Kumar Verma, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 15-03-2012 Heard the parties. The petitioner is in custody in connection with Sessions Trial No.389 of 2011 arising from Barhariya P.S. Case No.200 of 2010 for the offences punishable under [STATUTE] . The petitioner happens to be the husband of the deceased. The marriage had taken place in the year 2009. Learned counsel for the petitioner with reference to the statement of the independent witnesses recorded in paragraphs 25 and 26 of the case diary submits that the allegation as set out in the FIR is not correct. It is submitted that the statement of one Banaras Manjhi has been recorded in paragraph 25 of the case diary in which he has stated that the door was locked from inside and after breaking open the door when the people entered inside the room the wife of the petitioner was found unconscious and who was being taken for treatment when death occurred. The said position is reiterated in the statement of another witness recorded in paragraph 26 of the case diary in which it is stated that the petitioner had Patna High Court Cr.Misc. No.43094 of 2011 (3) dt.15-03-2012 2 returned only recently and there were differences between the deceased and the aunt-in-law. A report had been called for from the court below which has been received mentioning that the charges have been framed in the present case and summons has been issued for production of prosecution witnesses. Regard being had to the circumstances and the materials on record, let the petitioner, namely, Ravi Kumar Singh @ Ravi Prakash Singh be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge 1st, Siwan in connection with Sessions Trial No.389 of 2011 arising from Barhariya P.S. Case No.200 of 2010 subject to the condition that the petitioner shall ensure his representation before the trial court on each and every date fixed in the trial and failure on the part of of the petitioner to ensure his representation on two consecutive dates fixed in the trial without reasonable explanation to the satisfaction of the trial court, would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. SKPathak/- (Jyoti Saran, 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.