Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1566 of 2012 ====================================================== Birendra Das S/O Bateshwar Das @ Butaka Das Resident Of Village- Laharniya, P.S- Katoria (Suiya), Distt- Banka. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 02/ 31-01-2012 Heard learned counsels for the petitioner and the State. The petitioner being the husband is languishing in custody since 13.09.2011 in a case registered for the offences punishable under [STATUTE] . It is alleged that the marriage was performed in 2005 and the petitioner’s family killed the daughter of the informant for non-fulfillment of the dowry demand. It appears from the F.I.R. that it was the father of this petitioner who informed the informant about the death. The post-mortem report reflects no external injury. Considering the aforesaid facts, let the petitioner namely Birendra Das, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like Patna High Court Cr.Misc. No.1566 of 2012 (2) dt.31-01-2012 2/2 amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Katoria (Suiya) P.S. Case No. 109 of 2011. DKS/ (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.