Case Facts:
Patna High Court CR. WJC No.234 of 2012 (2) dt.11-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.234 of 2012 ====================================================== Samimun Nesha .... .... Petitioner Versus The State Of Bihar & Ors .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 11-09-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner initially filed a complaint in the court of the learned Chief Judicial Magistrate, Gopalganj on 31.05.2010. The said complaint was referred to the police under Section 156(3) of the Code of Criminal Procedure for investigation. Accordingly, the police registered Vishambharpur P.S.Case No.38 of 2010 under [STATUTE] . The petitioner has made two prayers in the present writ. The first prayer is for issuance of a direction to the respondents to arrest respondent no.7 who has been made a named accused in the aforesaid case. The second prayer is to direct the respondent authorities to complete the investigation of the aforesaid case. So far as the first prayer is concerned, Section 41 of the Code of Criminal Procedure gives discretion to the police officers who may, without an order from Magistrate and even without a Patna High Court CR. WJC No.234 of 2012 (2) dt.11-09-2012 warrant, arrest any person in the situation enumerated in the Section. The police is not expected to act mechanically in all cases to arrest the accused as soon as the report is lodged. At the stage of investigation, the court has no role to play. In my view, since the matter is under investigation, there is no justification for this Court to direct the respondents to arrest respondent no.7 as it would amount to undue interference in the investigation of the case. However, the investigating agency must promptly take all necessary steps, conclude the investigation and submit its report to Magistrate concerned. It is open to the investigating agency to submit such report as it considers appropriate, having regard to the facts and circumstances of the case and result of the investigation. With this observation, the writ petition is disposed of. B.Kr./- (Ashwani Kumar Singh, 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.