Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42005 of 2011 ====================================================== 1. Guru Charan Singh S/O Chand Deo Singh Resident Of Village- Sihar, P.S.- Ayer, District- Bhojpur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 03. 15.02.2012 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under [STATUTE] . The petitioner was refused bail by order dated 17.09.2009 since he was the husband of the deceased and there was no explanation by him as to how his wife died. The prayer for bail has been renewed on the ground that he is in custody since 22.09.2008 and there is no progress in trial. A report was called for from the Trial Court from which it appears that despite effort by the Trial Court not a single witness has been examined. In view of such, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of 5th Additional Sessions Judge, Ara in connection with S.Tr. No. 82/09 arising out of Ayar P.S. Case No. 62 of 2008 (G.R. No. 2859/08) subject to the following conditions:- (i) That one of the Patna High Court Cr.Misc. No.42005 of 2011 (3) dt.15-02-2012 2 bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be physically present on each date of trial and if he fails to do so on two consecutive dates without reasonable cause, his bail shall stand automatically cancelled. Vikash/- (Anjana Prakash, 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.