Case Facts:
Patna High Court Cr.Misc. No.43965 of 2011 (3) dt.09-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43965 of 2011 ====================================================== Onkar Nath Garg, son of Surendra Kumar Singh @ Surendra Singh. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 09-02-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for State assisted by learned counsel for the Informant. Petitioner being husband of the deceased is in jail custody since 02.04.2011 in a case registered under [STATUTE] . Admittedly, informant got message about the death of his daughter from the family members of the petitioner and having got the aforesaid information he came at the place of occurrence. It is also an admitted position that only ligature mark has been found on the neck of the deceased at the time of post mortem examination. The contention of learned counsel for the petitioner is that deceased was suffering from several ailments and being fed up the ailments, she committed suicide and before committing suicide, she left suicidal note which was seized by the I.O. in course of investigation, which is evident from perusal of Patna High Court Cr.Misc. No.43965 of 2011 (3) dt.09-02-2012 para-78 of the case diary. Learned counsel appearing for the informant opposed the prayer pointing out that the trial of the petitioner is still pending and the deceased died in mysterious circumstance within seven years of her marriage. Considering the aforesaid facts and circumstances of the case as well as submission of the parties, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Patna in connection with Sessions Trial No. 1464 of 2011 arising out of Jakkanpur P.S. Case No. 27 of 2011. Let the original case diary be returned to the concerned court immediately. Md. Ibrarul/- (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.