Case Facts:
Patna High Court Cr.Misc. No.15210 of 2012 (3) dt.28-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15210 of 2012 ====================================================== Jamun Thakur .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 28.06.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner being husband of the deceased is in jail custody since 23.12.2011 in a case registered under [STATUTE] and 3/ 4 of the D.P. Act. Marriage of the deceased had taken place with the petitioner in the year 2008 and admittedly, deceased was the second wife of the petitioner. It is also admitted position that after marriage a female child was born out of the aforesaid wedlock. The dead body of the deceased has not been recovered. Submission on behalf of the petitioner is that in course of investigation co-villagers of the petitioner stated that the deceased died of her ailment and she was never tortured by the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Jamun Thakur, 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, Banka in Dhoraiya P.S. Case no. 52/2011. 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.