Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40035 of 2011 ====================================================== 1. Ashok Sada, S/o Maheshwar Sada. 2. Chania Devi, W/o Maheshwar Sada. Both are residents of village- Markahi, P.S.- Markahi, District- Khagaria. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Lalan Kumar, Advocate For the Opposite Party/s : Mr. Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 4 23-02-2012 Heard the parties. The petitioners are in custody in connection with Markahi P.S. Case No.28 of 2011(G.R.No.698 of 2011, Sessions Case No.383 of 2011) for the offences punishable under [STATUTE] . Learned counsel for the petitioners with reference to the FIR submits that the very inclusion of the last line of the FIR demonstrates that the allegation of dowry death is an afterthought. It is further submitted that the very fact that due information regarding behaviour of the victim girl was given to the informant’s father by petitioner no.1 at 9.00PM and again regarding her condition at 4.00AM in the next morning as also the presence of the petitioners within the house-hold are sufficient indication of their non-complicity in the death of the deceased. Regard being had to the submission of learned counsel, let the petitioners, namely, Ashok Sada and Chania Devi be released on bail upon each of them furnishing bail bonds of Rs.10,000/- (ten thousand) Patna High Court Cr.Misc. No.40035 of 2011 (4) dt.23-02-2012 2 each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge (F.T.C.-4), Khagaria in connection with Sessions Case No.383 of 2011 arising from Morkahi P.S. Case No.28 of 2011 subject to the following conditions: (i) The petitioners shall accept the police papers on the given date and shall present themselves on the date fixed for charge and if the petitioner(s) defaults on two consecutive dates fixed for such purpose, the learned court below shall be at liberty to take steps for cancellation of the bail bonds of the defaulting petitioner(s) and to take him/her into custody. (ii) The petitioners shall ensure their representation before the court below on each and every date fixed in the case and failure on the part of the petitioners to ensure their representation on two consecutive dates fixed in the case, without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel the bail bonds of the defaulting petitioner(s) and to take him/her into custody. SKPathak/- (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.