Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22401 of 2012 ====================================================== Manish Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.20552 of 2012 ====================================================== Shambhu Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 25-06-2012 Heard learned counsels for the petitioners and the State. The petitioners being the husband and maternal uncle of the husband of the deceased are apprehending their arrest in a case registered for the offences punishable under [STATUTE] and 3/4 of Dowry Prohibition Act. The accusation is of killing the daughter of the informant within two years of the marriage for non- fulfillment of the dowry demand. It is submitted by learned counsel for the petitioners that the informant has subsequently retracted Patna High Court Cr.Misc. No.22401 of 2012 (2) dt.25-06-2012 2/2 from his initial version. This Court is not inclined to grant anticipatory bail to Manish Kumar, who is husband of the deceased. Let learned court below consider regular bail of the petitioner keeping in view the retracted version of the informant. Accordingly, his application is disposed of. Considering the nature of accusation and retracted version of the informant, let petitioner Shambhu Singh be released on anticipatory bail in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Baligaon P.S. Case No. 80 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (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.