Case Facts:
Patna High Court Cr.Misc. No.18696 of 2012 (2) dt.11-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18696 of 2012 ====================================================== Rajesh Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 11.05.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner being husband of the deceased is in jail custody since 8.8.2011 in a case registered under [STATUTE] . Learned counsel for the petitioner submits that in course of investigation, witnesses have stated that deceased was caught in fire when the stove was burst. Admittedly, the deceased died within two years of her marriage and her death was other than normal circumstance. Furthermore, there is allegation of torturing as well as illegal demand. So, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner in connection with Bakhtiyarpur P.S. Case no. 220/2011 pending in the court of the Addl. Chief Judicial Magistrate, Barh is, hereby, rejected, at least, at this stage. However, the Addl. Chief Judicial Magistrate, Barh is directed to commit the case of the petitioner to the court of Sessions in accordance with law within three weeks from the date of receipt of this order. shahid (Hemant Kumar Srivastava,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.