Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14868 of 2012 ====================================================== 1. Bhola Sah, S/O Late Saudagar Sah. 2. Sharda Devi @ Radha Devi, W/O Late Saudagar Sah. 3. Poonam Devi, D/O Late Saudagar Sah. 4. Pramila Devi, W/O Bhola Sah. 5. Arti Kumari, D/O Bhola Sah (All residents of Village- Baso Kubauli, P.S.- Tajpur (Bangra), Distt.- Samastipur) .... .... Petitioners Versus 1. The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 10-04-2012 Heard Mr. Amitabh Bhardwaj, learned counsel for the petitioners and Mr. Parmeshwar Mehta, learned counsel for the State. The petitioners apprehend their arrest in Tajpur (Bangra) P.S. Case No.168 of 2011 registered for the offence punishable under [STATUTE] . and Section ¾ of the Dowry Prohibition Act. It is submitted that the petitioners have been implicated in this case. The deceased died due to illness not that the petitioners have caused the death of the deceased Sanju Devi by burning. It is further submitted that the husband of the deceased Sanju Devi has faced the trial vide S.Tr. No.617 of Patna High Court Cr.Misc. No.14868 of 2012 (2) dt.10-04-2012 2 2011 in which six witnesses including the informant, mother of the informant and others have been examined. They have deposed that the deceased Sanju Devi died due to illness. The learned counsel for the State could not controvert the contention of the learned counsel for the petitioners while opposing their prayer. Considering the facts and circumstances of the case, let the petitioners above-named be released on bail in the event of arrest or surrender before the learned court below within a period of four weeks from today in Tajpur (Bangra) P.S. Case No.168 of 2011on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure and the other following conditions : (i) One of the bailors will be the close relative of the petitioners. (ii) The petitioners will not indulge in similar or in any other offence. (iii) The petitioners will be well re- represented in the court. (iv) In case of absence for two consecutive Patna High Court Cr.Misc. No.14868 of 2012 (2) dt.10-04-2012 3 dates or in case of violation of the terms of the bail, their bail bond will be liable to be cancelled by the concerned court and they will be taken into custody forthwith. V.K. Pandey/- (Amaresh Kumar Lal, 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.