Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39567 of 2012 ====================================================== 1. Ram Babu Yadav @ Ram Bahadur Yadav 2. Bhullu Yadav alias Shyam Babu Yadav Sons of Ram Sharan Yadav, R/village- Jinedpur, P.S.-Muffasil, Dist- Begusarai. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance: For the Petitioners : Mr. For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 02-11-2012 Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners are in custody in connection with Begusarai Muffasil P.S. Case No. 108 of 2012 registered for offence punishable under [STATUTE] . As per the allegation, the daughter of the informant is said to have been killed by the husband and in-laws and also by the petitioners who have been named in the First Information Report due to non fulfillment of demand of dowry. Learned counsel for the petitioners submits that though they have been named in the First Information Report, but there is no specific allegation against them and the same is general and omnibus. It has further been stated that the petitioners are not closely related to the family of the in-laws of the deceased and were only the ‘Gotia’ and their house is far away from the matrimonial house of the deceased. It has further been submitted that from the plain reading of the First Information Report itself it is obvious that even if there was any demand of dowry or torture on the deceased then only the husband and other family members Patna High Court Cr.Misc. No.39567 of 2012 (2) dt.02-11-2012 2 / 2 2 who were living in the matrimonial house together with the deceased can be held liable for the same. The petitioners have absolutely no connection or hand in the entire episode. Learned counsel has further drawn the attention of this Court to Anenxure- 3, which is the receipt signed by the informant where he has taken charge of the dead body in which it is also written that she had committed suicide by hanging. Learned counsel has also drawn the attention of the Court to Annexure-3A which goes to show that in the presence of the Sarpanch and other co–villagers, the police was called and the room in which the dead body was found hanging was closed from inside, which was broken open. Copy of the post-mortem report has also been annexed as Annexure-2 which discloses that death was as a result of hanging by the victim herself. Learned counsel submits that the petitioners have no criminal antecedent and are in custody since 24.08.2012 and 31.08.2012 respectively, after voluntarily surrendering before the court below. Learned A.P.P. for the State opposes the prayer for bail and submits that a young girl has been killed and the petitioners are also named in the First Information Report. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in Begusarai Muffasil P.S. Case No. 108 of 2012. Sujit/- (Ahsanuddin Amanullah, 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.