Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7613 of 2012 ====================================================== 1. Ashok Thakur 2. Shatrudhan Thakur 3. Mohan Thakur. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 13-03-2012 Heard learned counsels for the petitioner and the State. The petitioners being the husband, father and co- villager of the husband of the deceased are languishing in custody since 07.12.2011in a case registered under [STATUTE] . The accusation is of killing the victim after one year of the marriage for non-fulfillment of the dowry demand. It is submitted by learned counsel for the petitioners that the bona fide of the petitioners not only gets reflected from the fact that the informant himself admitted that he got the information about the incident from the petitioners’ side but also from the fact that the victim was first taken to Minapur PHC then Patna High Court Cr.Misc. No.7613 of 2012 (2) dt.13-03-2012 2 / 2 2 to S.K.M.C.H. for treatment. Considering the fact that death took place after one year of the marriage, this Court is not inclined to grant bail to petitioner no.1, being the husband, for the present. Considering the aforesaid facts, let the above named petitioner nos. 2 and 3 be released on bail, on furnishing the bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Meenapur P.S. Case No. 245 of 2011. Amrendra/- (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.