Case Facts:
Patna High Court Cr.Misc. No.40733 of 2011 (3) dt.02-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40733 of 2011 ============================================== 1. Manoj Das S/O Uman Das R/O Village - Pranpura, P.S. Dalsinsarai, District - Samastipur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ============================================== Appearance : For the Petitioner/s : Mr. Amitabh Bhardwaj, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ============================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 3 02-02-2012 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Vidyapatinagar P.S.Case No.109 of 2009 for offence punishable under [STATUTE] . Learned counsel for the petitioner, with reference to the complaint filed in the present case which was subsequently registered under section 156(3) of the Code of Criminal Procedure giving rise to police case, submits that Patna High Court Cr.Misc. No.40733 of 2011 (3) dt.02-02-2012 the complainant himself admits that the death took place on 24.3.2009 at Delhi and that he received the dead body of his daughter after post mortem and that the police after making investigation had released this petitioner. It is submitted that despite aforesaid circumstances, the present complaint came to be filed almost two months thereafter on 8.5.2009 at Samastipur and which was registered as a police case. Having heard learned counsel for the parties and having perused the materials on record, let the petitioner Manoj Das be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Dalsingsarai in connection with Vidyapatinagar P.S.Case No.109 of 2009. ahk (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.