Case Facts:
Patna High Court Cr.Misc. No.7867 of 2012 (3) dt.17-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7867 of 2012 ====================================================== Uday Prasad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 17.04.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner being husband of the deceased is in jail custody since 18.1.2011 in a case registered under [STATUTE] . According to the prosecution case itself, marriage of the deceased took place in the year 2006 whereas deceased died in the year 2011 i.e. within five years of her marriage and furthermore, deceased gave birth to a child out of the above stated wedlock. The contention of learned counsel for the petitioner is that marriage of the deceased was a Golat marriage and, as a matter of fact, the deceased died of diarrhoea and the aforesaid fact has been stated by several witnesses. It is also pointed out by him that after three months of the alleged occurrence, informant lodged this case. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Uday Prasad, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in Akbarpur P.S. Case no. 158/2011. Shahid (Hemant Kumar Srivastava,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.