Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.1211 of 2011 ====================================================== Vijay Tikani & Anr. .... .... Petitioners Versus The State Of Bihar & Ors .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 07-09-2012 Heard learned counsel for the petitioners, learned counsel for the State as well as learned counsel appearing on behalf of the informant. The petitioners have been made accused in Kadamkuan P.S.Case No.193 of 2010 dated 12.06.2010 registered under [STATUTE] . A plea has been taken on behalf of the petitioners that they are innocent and have falsely been implicated in the present case and as such the aforesaid F.I.R. be quashed. Learned counsel submits that as a matter of fact, it was not a homicidal death but the deceased committed suicide. The F.I.R. discloses commission of a cognizable offence. The plausible defence of the accused cannot be looked into by the court at this stage. The credibility or otherwise of the defence version has to be tested by the investigating agency in course of investigation and by the trial court in course of trial. Patna High Court CR. WJC No.1211 of 2011 (3) dt.07-09-2012 2 In that view of the matter, I find no merit in the present writ application. It is dismissed, accordingly. B.Kr./- (Ashwani 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.