Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19750 of 2012 ====================================================== 1. Nageshwar Sah S/O Mishri Lal Sah Resident Of Village- Baluahan, P.S- Hathauri, District- Muzaffarpur. 2. Dhan Banti Devi W/O Mishri Lal Sah Resident Of Village- Baluahan, P.S- Hathauri, District- Muzaffarpur. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Neeraj Kumar @ Sanidh, Advocate. For the Opposite Party/s : Mr. Jharkhandi Upadhaya, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 23-05-2012 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners apprehend arrest in connection with Hathauri P.S. Case No.37 of 2001 for the offences punishable under Sections 304(B)/34 of the Indian Penal Code. From the First Information Report it appears that the victim died due to burning and it has been alleged that it is the petitioners who are behind the burning of the victim lady. Learned counsel for the petitioner submits that it is not a case of [STATUTE] . The police after investigation has found that it is a case of suicide Patna High Court Cr.Misc. No.19750 of 2012 (2) dt.23-05-2012 2 / 2 2 and accordingly charge sheet has been submitted under [STATUTE] . Petitioner no.1 is the husband. His prayer for anticipatory bail is rejected. Petitioner no.2 is mother-in-law and under the circumstances, in the event of arrest or surrender within four weeks from toady the abovenamed petitioner no.2 is directed to be released on anticipatory bail on their furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Muzaffarpur in connection with Hathauri P.S. Case No.37 of 2001 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Vinay/- (Shivaji Pandey, 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.