Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18828 of 2012 ====================================================== 1. Mitrajeet Jha @ Mitra Jha S/O Late Pandit Shaligram Jha R/O Vill- Dighi, P.S.-Laxamipur, Distt-Jamui .... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 2. 11-06-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in connection with Laxmipur P.S. Case No.09 of 2006 for offence punishable under [STATUTE] . Learned counsel for the petitioner submits that apart from the fact that the petitioner is more than 80 years of age, no material has come during the course of investigation and as a consequence whereof the chargesheet was submitted only against the son and wife of the petitioner. He further submits that the trial of the son i.e. husband of the deceased having been completed, he has been sentenced to rigorous imprisonment of 10 years and that the statement of the witnesses recorded in the case diary is directed towards dispute between the husband and the wife. Learned counsel in the aforesaid circumstances prays for bail of the petitioner. Regard being had to the submissions of learned counsel and the materials on record and also the age of the petitioner, let the petitioner Patna High Court Cr.Misc. No.18828 of 2012 (2) dt.11-06-2012 2 / 2 2 namely, Mitrajeet Jha @ Mitra Jha in the event of arrest or surrender within four weeks of receipt/production of copy of order be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in connection with Laxmipur P.S. Case No. 09 of 2006 subject to the condition stipulated under Section 438(2) of the Code of Criminal Procedure as also subject to the condition that the petitioner shall ensure his representation before the Court below on each and every date fixed in the case and failure on the part of the petitioner to ensure his 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 bond of the petitioner and to take him into custody. Bibhash/- (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.