Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43597 of 2011 ====================================================== Uday Paswan S/O Late Biku Paswan R/O Village - Makhmilpur, Police Station - Karpi, District - Arwal .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Sunil Kumar, Adv For the Opposite Party : Mr. J.N.Thakur, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 13-02-2012 Heard learned counsel for the parties. The petitioner is in custody in connection with Karpi P.S. Case No. 87 of 2011 for the offences punishable under [STATUTE] . The petitioner happens to be the husband of the victim lady, the marriage having taken place 6 to 7 years back. Learned counsel for the petitioner with reference to the F.I.R. submits that except alleged demand of a she buffalo no allegation has been set out regarding any dowry demand. Even the allegation of ill treatment has been made in general manner. It is submitted that the post mortem report suggests no external injury on the person of the deceased though some froth was noticed coming out of the mouth. The couple have two children, a boy aged 3 years and a baby Patna High Court Cr.Misc. No.43597 of 2011 (3) dt.13-02-2012 2 / 2 2 girl aged 4 months. The informant found the husband sitting besides the dead body of the wife. Considering the circumstances and the submissions of learned counsel for the petitioner, let the petitioner namely, Uday Paswan be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Karpi P.S. Case No.87 of 2011 subject to the condition that the petitioner shall be under a duty to ensure his representation before the Court below on each and every date fixed in the case and failure on the part of the petitioner to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below, would entitle the court concerned to cancel the bail bond of the petitioner and to take him into custody. Bibhash (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.