Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.815 of 2012 ====================================================== Ambika Mandal S/O Late Chaudhary Mandal R/O Village - Raghavpur, P.S. Nathnagar, District - Bhagalpur .... .... Petitioner Versus 1. The State Of Bihar Through The Home Secretary State Of Bihar, Patna 2. The Director General Of Police, State Of Bihar, Patna 3. The Inspector General Of Police Bhagalpur Range, District Bhagalpur 4. The Dy. Inspector General Of Police, Bhagalpur Range, District Bhagalpur 5. The Senior Superintendent Of Police, Bhagalpur 6. The Deputy Superintendent Of Police, District Bhagalpur 7. The Inspector Of Police, Nathnagar, P.S. Distt. - Bhagalpur 8. The Investigating Officer, Nath Nagar, P.S. Case No. 61/12, P.S. Nath Nagar, Distt. - Bhagalpur 9. Chandar Mandal S/O Late Kapildeo Mandal R/O Village - Chotti Parbatta, P.S. Ismailpur, District - Bhagalpur .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 06-12-2012 The petitioner is accused in Nathnagar P.S.Case No.61 of 2012 dated 10.04.2012 instituted for the offence punishable under [STATUTE] as well as Section 3 and 4 of the Dowry Prohibition Act. In the present writ petition, a prayer has been made to direct the investigating agency to conduct the investigation of the case in a proper manner, as provided under the Code of Criminal Procedure. Learned counsel for the petitioner submits that the petitioner is father-in-law of the deceased. The family members Patna High Court CR. WJC No.815 of 2012 (2) dt.06-12-2012 2 are being harassed illegally by the police. There is no truth behind the allegations made in the FIR. In my view, these things are not to be considered by this Court at this stage. When the matter is under investigation, it is for the investigating agency to find out the truthfulness of the allegations. Once the investigating agency concludes the investigation and submits its report under Section 173 of the Code of Criminal Procedure, it is for the Magistrate concerned to consider the materials available on record in order to pass appropriate order in accordance with law. The writ petition has got no merit. 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.