Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43529 of 2011 1. Muso Sah @ Musahru Sah son of Late Bhola Sah R/O Village- Lausa P.S. Amrapur, Distt. Banka 2. Rukmini Devi W/O Muso Sah @ Musahru Sah,R/O Villdage- Lausa P.S. Amarapur, Distt. Banka. Versus The State Of Bihar . --------------------- 2. 13.1.2012. Heard learned counsel for the parties. The petitioners are in custody in connection with Amarpur P.S.Case No.166 of 2010 for the offence punishable under [STATUTE] . Learned counsel for the petitioners submits that the petitioners herein are father-in-law and mother-in-law. Learned counsel for the petitioners, with reference to the allegation made in the F.I.R, submits that admittedly the son of the petitioners is working in Nepal and was not present at the time of alleged occurrence. He further submits that during the course of investigation, it has come that these petitioners were living separate from the deceased. It is further submitted that the informant himself has mentioned that his daughter had stated about the illicit relationship between her sister-in-law and co-accused Disco Sah. He thus submits that in the circumstances, the allegation made in the first information report regarding the petitioners being a party to the unnatural death of the deceased by reason of dowry, does not appear to be true. Having heard learned counsel for the parties and considering the submissions of the learned counsel, let the petitioners (1) Muso Sah alias Musahru Sah and (2) Rukmini Devi be released on bail upon each one of them individually furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge, Banka in connection with Amarpur P.S.Case No.166 of 2010. subject to the condition that the petitioners herein shall be ensuring their representations before the court below on each and every date fixed in the case and the failure on either of the petitioner to ensure his/her representation before the court below 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 defaulting petitioner(s) and to take him/her into custody. ahk (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.