Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42179 of 2011 ====================================================== Asgar Ali, son of Late Phateh Miyan, R/o,Village-Malahi Tola, P.S.- Thakarana, Distroct-West Champaran. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Milind Kumar Mishra, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 14-03-2012 Heard the parties. The petitioner is in custody in connection with Thakaraha P.S. Case No.47 of 2011 for the offences punishable under [STATUTE] . Learned counsel for the petitioner with reference to the FIR submits that the informant himself admits that the marriage between the petitioner and the deceased took place six years ago and in which circumstances the allegation of demand of golden ring by the petitioner does not seem to be probable. He further with reference to the statement of the independent witnesses recorded in paragraphs 12 to 15, 29 and 30 of the case diary submits that the independent witnesses have stated that the deceased was suffering from illness and was being treated locally and the death took place during the course of treatment. It is submitted that in the circumstances the petitioner is in custody since 11.5.2011. Considering the submission of learned counsel and the materials on record, let the petitioner, namely, Asgar Ali be released on bail on furnishing bail bonds of Rs.10,000 (ten thousand) with two sureties of the Patna High Court Cr.Misc. No.42179 of 2011 (3) dt.14-03-2012 2 like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Thakaraha P.S. Case No.47 of 2011 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 bonds of the petitioner and to take him into custody. SKPathak/- (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.