Case Facts:
Patna High Court Cr.Misc. No.32033 of 2011 (3) dt.19-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32033 of 2011 ====================================================== 1. Paudhari Kuwar @ Paudhari Kuer W/O Late Jiut Gond R/O Village- Udayrampur, P.S- Chainpur, District- Kaimur (Bhabua) 2. Chhangur Gond S/O Late Jiut Gond R/O Village- Udayrampur, P.S- Chainpur, District- Kaimur (Bhabua) .... Petitioners Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 19-06-2012 Heard the learned counsel for the petitioners and the State. This is a petition for grant of regular bail for offence under [STATUTE] . The petitioner no. 2 is the husband. However, earlier by order, dated 28.09.2011, petitioner no. 1, the mother-in-law, has been granted bail and with regard to petitioner no. 2 the carbon copy of the case diary was called for. The learned counsel for the petitioners submits that the case of petitioner no. 2 is of similar footing to that of petitioner no. 1. The charge sheet has been submitted under [STATUTE] , but, the cognizance has been taken under [STATUTE] . The learned counsel for the State, however, contends that the petitioner is husband and allegation of subjecting to cruelty and causing the death by poisoning is in the house of petitioners. Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner no. 2. The prayer for bail is rejected at this stage. SA/- (Gopal Prasad, 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.