Case Facts:
Patna High Court Cr.Misc. No.32076 of 2012 (3) dt.14-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32076 of 2012 ====================================================== Dipak Sharma @ Deepak Sharma .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.32239 of 2012 ====================================================== Nilu Sharma @ Neelu Sharma .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 14-12-2012 Heard learned counsels for the petitioners and the State. The petitioners being the husband and the wife of the younger brother of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under [STATUTE] and 3/4 of Dowry Prohibition Act. The accusation is of killing the daughter of the informant after about seven years of the marriage. It is surprising that the complaint was filed making accusation under [STATUTE] and 3/4 of Dowry Prohibition Act but the Patna High Court Cr.Misc. No.32076 of 2012 (3) dt.14-12-2012 FIR was registered only under [STATUTE] and 3/4 of Dowry Prohibition Act. It is alleged by the informant that the victim was not eager to go to the matrimonial house due to the torturous attitude of the in- laws family particularly the husband when the husband bring the victim on 03.01.2010 when on 24.01.2010 she was killed by making assault. It is submitted by learned counsel for the petitioners that post-mortem reflects no external injury when the victim was suffering from illness and as a result of which she died. Let the learned court below consider the regular bail of petitioner husband Dipak Sharma @ Deepak Sharma, keeping in view that the complaint has been filed after seven months of the occurrence when post-mortem reflects no external injury and the retracted version of the informant, if he surrenders before the learned court below within a period of six weeks from today. Considering the aforesaid facts, let the above named petitioner Nilu Sharma @ Neelu Sharma be released on anticipatory bail in the event of her arrest or Patna High Court Cr.Misc. No.32076 of 2012 (3) dt.14-12-2012 surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhagalpur in connection with Kahalgaon P.S. Case No. 88 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 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.