Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38344 of 2011 ====================================================== 1. Jumrati Dewan Khairuddin Dewan Jaisinghpur,Chilraon,Ps- Turkauliya,District-East Champaran .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 5 23-11-2012 Heard the learned counsel for the petitioner and the State. This is a petition for grant of anticipatory bail for offence under [STATUTE] . It is alleged that the victim Mustkima Khatoon was in her naihar and her husband, Shobrati Dewan, came at the naihar of the deceased and they slept together and said Shobrati Dewan poisoned the cup of tea by which the deceased died. The learned counsel for the petitioner submits that there is nothing against Jumrati Dewan in the entire case. The learned counsel for the State submits that in the case diary also there is nothing against the petitioner. Hence, having regard to the facts and circumstances of the case, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bound of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Turkauliya P.S. Case No. 291 of 2003 to the satisfaction of Sri R. K. Tripathi, Judicial Magistrate, 1st Class, Motihari, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code SA/- (Gopal Prasad, 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.