Case Facts:
Patna High Court CR. WJC No.683 of 2012 (2) dt.20-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.683 of 2012 ====================================================== Ramashish Prasad son of late Hulas Gope, resident of village-Mirzapur Nohta, P.S.-Fatuha, Dist.-Patna. .... .... Petitioner/s Versus 1.The State Of Bihar 2.The Director General of Police, Bihar, Patna 3.The Superintendent of Police, Patna 4.The Dy.S.P., Fatuha 5.The officer-in-charge of Khusurupur Police Station, Dist.- Patna .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 20-07-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. In the present writ petition the petitioner is informant of Khusurupur P.S. Case No.62 of 2012 instituted for the offence punishable under [STATUTE] . He is aggrieved by the inaction of the investigating agency in the aforesaid case. The prayer of the petitioner is to direct the respondents concerned to arrest the accused persons, who have been named in the first information report and further to investigate the case in proper manner. In my view, the writ petition is misconceived. Admittedly, the first information report has been lodged in May, 2012. The case is at the stage of investigation. Section 41 of the Code of Criminal Procedure gives discretion to the police officer Patna High Court CR. WJC No.683 of 2012 (2) dt.20-07-2012 who may, without an order from a Magistrate and even without a warrant, arrest any person in the situations enumerated in that section. It is open to the investigating agency, in course of investigation, to arrest any person who has been concerned with any cognizable offence or against whom reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of having been so concerned. The police is not expected to act in a mechanical manner and in all cases to arrest the accused as soon as the report is lodged. At the stage of investigation the court has no role to play. As noted above, since the matter is under investigation, in my view, no such direction to arrest the accused persons can be given by this court. The credibility or otherwise of the allegation is to be investigated properly by the police. There is nothing on the record on the basis of which it can be said that the investigation is not being carried out properly. I find no merit in the writ petition. It is, accordingly, dismissed. Md.S./- (Ashwani 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.