Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44955 of 2011 ====================================================== 1. Anil Mandal S/O Late Dasrath Mandal ,Resident Of Village - Ushman Pur , Police Station - Kharik , District- Bhagalpur. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Senior Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 4. 01-03-2012. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sessions Trial No.998 of 2011 arising from Kharik P.S.Case No.90 of 2011 for the offence punishable under [STATUTE] . The petitioner happens to be the husband of the deceased. Learned counsel for the petitioner submits that the death having occurred within a short span of time after the marriage, the allegation of dowry demand is not apparently correct. He further with reference to the F.I.R submits that the bonafide of the petitioner is apparent from the fact that the information of death was given by this petitioner to the family of the deceased. It is further with reference to the Post Mortem Report, placed at Annexure-2 of the application, submitted that the absence of injury mark and the opinion of the doctor attributing the death to hanging further Patna High Court Cr.Misc. No.44955 of 2011 (4) dt.01-03-2012 2 signifies the non-involvement of this petitioner. Regard being had to the submissions of the learned counsel, let the petitioner Anil Mandal be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the 4th Additional Sessions Judge, Naugachia in connection with Sessions Trial No.998 of 2011 arising out of Kharik P.S.Case No.90 of 2011, subject to the following conditions : (a) that the petitioner will receive the police papers on the given date and be present on the date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse; and (b) that the petitioner shall ensure his representation before the trial court on each and every date fixed in the trial and the failure on the part of the petitioner to ensure his representation before the trial court 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. ahk/- (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.