Case Facts:
Patna High Court Cr.Misc. No.26684 of 2012 (2) dt.31-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26684 of 2012 ====================================================== 1. Brahmdatta Sah @ Verma Datta Sah, 2. Jai Prakash Gupta, 3. Kamakhya Sah, 4. Shanti Devi .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 31-07-2012 Heard learned counsels for the petitioners and the State. The petitioners being father, uncle, aunt of the husband and husband himself are apprehending arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of killing the sister of the informant after three years of the marriage for non fulfillment of dowry demands. It is submitted that husband petitioner no. 2 was not present on the alleged date of occurrence. The victim died due to accidental fire when she was given medical assistance also. It is further submitted that the informant has subsequently retracted from the initial version. Considering the totality of the accusation, this court is not inclined to grant anticipatory bail to petitioner no. 2. Let the learned court Patna High Court Cr.Misc. No.26684 of 2012 (2) dt.31-07-2012 below consider regular bail of the petitioner no. 2 in case the petitioner no. 2 surrenders within six weeks from today in connection with Itarhi P.S. case no. 53 of 2012 pending in the court of learned C.J.M., Buxar. So far as petitioner nos. 1,3 and 4 above named are concerned, keeping in view the fact that the informant retracted from the initial version and the victim was given medical assistance, let them be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of aforesaid court in connection with Itarhi P.S. Case No. 53 of 2012 subject to the conditions as laid down under Section 438(2) Cr.P.C. Anil/- (Dinesh Kumar Singh, 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.