Case Facts:
Patna High Court Cr.Misc. No.24807 of 2012 (4) dt.19-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24807 of 2012 ====================================================== Hiraman Sah .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 19.12.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner being husband of the deceased is in jail custody since 4.4.2011 in a case registered under [STATUTE] . Although marriage of the petitioner is said to have taken place five years ago but there is allegation against the petitioner that he used to torture the deceased on account of non-fulfillment of illegal demand of dowry and in course of investigation, almost all the witnesses have stated that petitioner used to torture the deceased and furthermore, post mortem report of the deceased reveals that cause of death of the deceased was asphyxia due to throttling. Although learned counsel for the petitioner submits that this case appears to be a case of suicidal death but I am not at all convinced with the submission of learned counsel for the petitioner and accordingly, prayer for bail of the petitioner in connection with Nautan P.S. Case no. 01/2011 pending in the court of Chief Judicial Magistrate, Siwan is, hereby, rejected. It is informed on behalf of the petitioner that case of the petitioner has already been committed to the court of sessions and presently, pending in the court of learned Sessions Judge, Siwan. Patna High Court Cr.Misc. No.24807 of 2012 (4) dt.19-12-2012 The learned trial court is directed to expedite the trial of the petitioner. Shahid (Hemant Kumar Srivastava,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.