Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44181 of 2011 ====================================================== Pappu Yadav, S/o Late Shivan Yadav, resident of Dhanmani Patam, P.S. Naya Ramnagar, Distt-Munger. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03. 15-03-2012 Heard the parties. The petitioner is in custody in connection with Naya Ramnagar P.S. Case No. 60 of 2011 for offence punishable under [STATUTE] . The petitioner happens to be the husband of the deceased. Learned counsel for the petitioner submits that the allegation as set out in the F.I.R. is not correct and that the occurrence has taken place following an altercation between the husband and the wife and whereupon the deceased set herself on fire. Learned counsel for the petitioner, in support of his submission, has relied upon the statement of the witnesses recorded in paragraph 6 to 8 of the case diary to submit that the witnesses have specifically stated that the deceased had set herself on fire and that this petitioner was trying to douse the fire and in the process had also suffered burn injuries. Learned counsel, Patna High Court Cr.Misc. No.44181 of 2011 (3) dt.15-03-2012 2 with reference to the hospital reports placed at Annexures- 2 and 3 series of the application, submits that the petitioner was also admitted to the hospital along with his wife on the date of occurrence i.e. 15.04.2011 and the reports show 35 per cent burn injury suffered by this petitioner. It is submitted that the Police upon investigation has submitted charge sheet under [STATUTE] . Regard being had to the circumstances and the submissions of learned counsel, let the petitioner Pappu Yadav be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Naya Ramnagar P.S. Case No. 60 of 2011. S.Sb/- (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.