Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37144 of 2012 ====================================================== 1. Devlata Devi @ Dewalata Devi 2. Brajesh Mahto .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 10-10-2012 Heard learned counsels for the petitioners and the State. The petitioner no. 2 being the husband of the victim and petitioner no. 1 being the mother of petitioner no. 2 are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of killing the sister of the informant after one and half years of the marriage for non-fulfillment of the dowry demand. It is submitted by learned counsel for the petitioners that the father-in-law of the victim has been acquitted vide Sessions Trial No. 116 of 2011 when the informant has not supported the prosecution case. Considering the aforesaid facts, let the above Patna High Court Cr.Misc. No.37144 of 2012 (2) dt.10-10-2012 2/2 named petitioner no. 1 be released on anticipatory bail in the event of her arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Saran at Chapra in connection with Ekma P.S. Case No. 156 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Let the learned court below consider the regular bail of petitioner no. 2 keeping in view of the fact that one of the accused has been acquitted, preferably on the same day, if petitioner no. 2 surrenders before the learned court below within a period of eight weeks from today. With the aforesaid observation, the application of petitioner no. 2 is disposed of. DKS/ (Dinesh 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.