Case Facts:
Patna High Court Cr.Misc. No.14799 of 2012 (4) dt.29-06-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14799 of 2012 ====================================================== 1. Santosh Kumar S/O Sri Ramanuj Paswan R/O Vill-Chapaur, P.S.- Masaurhi, Distt-Patna .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 29-06-2012 Heard learned counsel for the petitioner and the State. This is a petition for grant of regular bail for offence under [STATUTE] . There is allegation of demand and subjecting cruelty and it is alleged that the deceased was done to death and cremated without informing the naiher people and on information the informant enquired and learnt that she has died and her last rites has been performed. The learned counsel for the petitioner, however, contends that this is a case of suicide and the allegation of demand is for business. The learned counsel for the State, however, contends that in paragraphs 12 and 13 of the case diary there is specific allegation that there was some altercation and the deceased was done to death by strangulation because there was some dispute between the wife and the husband with regard to cooking of meal and husband assaulted the deceased. However, hence, having regard to the facts and circumstances of the case, there is allegation of demand and subjecting cruelty and the deceased was done to death by strangulation, but, neither the public authority was informed nor the post mortem was conducted nor the naiher people of the deceased was informed and the dead body was disposed off in haste. Hence, having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. Patna High Court Cr.Misc. No.14799 of 2012 (4) dt.29-06-2012 2 The prayer for bail is rejected. However, the trial is directed to expedite the trial and if the trial is not concluded within nine months, then, the petitioner may renew his prayer for bail. 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.