Case Facts:
Patna High Court Cr.Misc. No.36397 of 2011 (3) dt.03-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36397 of 2011 ====================================================== 1. Dilip Yadav, S/o Uttim Lal Yadav, R/o Vill- Khurasan, P.S- Salkhua Distt- Saharsa. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 3 03-02-2012 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 connecting with Salkhua P.S.Case No.70 of 2008 for offence punishable under [STATUTE] and section 3/4 of the Dowry prohibition Act. Considering the circumstances that the death took place within five years of marriage and that the case having been registered in 2008, the surrender of this petitioner came only on 14.7.2011 as also the fact that the petitioner happens to be the husband and the death yet remains a mystery, I am not inclined to allow the prayer of the petitioner and the same is refused. The application is dismissed. 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.