Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45278 of 2011 ====================================================== Krishna Vishwakarma, S/o Chandeshwar Vishwakarma, resident of Village- G.I.D., P.S.- Dulhin Bazar, District- Patna. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.39840 of 2011 ====================================================== Bachani Devi, W/o Chandeshwar Vishwakarma, resident of Village G.I.D. P.S. Dulhin Bazar, District Patna. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.45278 of 2011) For the Petitioner/s : Mr. Jitendra Kumar Roy No.1, Advocate For the Opposite Party/s : Ms. Gulnar Begam, APP (In Cr.Misc. No.39840 of 2011) For the Petitioner/s : Mr.Jitendra Kumar Roy No.1, Advocate For the Opposite Party/s : Mr. Binod Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 14-02-2012 Heard the parties. The petitioners are in custody in connection with Dulhin Bazar P.S. Case No.189 of 2010 for the offences punishable under [STATUTE] . Whereas the petitioner Krishna Vishwakarma is the husband of the deceased, the petitioner Bachani Devi is the mother-in-law. The deceased suffered serious burn injuries and she died during the course of treatment. Learned counsel for the petitioner with reference to the statements made by the independent witnesses in paragraphs 7, 8, 9 and 10 Patna High Court Cr.Misc. No.45278 of 2011 (3) dt.14-02-2012 2 of the case diary submits that each of the witnesses have stated that whereas petitioner-husband was not at home at the time of occurrence, the mother-in- law was sitting outside. It is further stated that when the fire flashed, the villagers rushed inside the house and found that the door was locked from inside and they broke open the door and took out the victim. Learned counsel submits that it has also been recorded that the villagers tried to make arrangement for transportation but in the meanwhile the parent of the deceased arrived and took her to P.M.C.H. and that she succumbed during the course of treatment. It is thus submitted that the statement of the independent witnesses itself supports that there is no hand of these petitioners in the alleged occurrence. Regard being had to the submission of learned counsel, let the petitioners, namely, Krishna Vishwakarma and Bachani Devi be released on bail upon each of them furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Danapur, Patna in connection with Dulhin Bazar P.S. Case No.189 of 2010. SKPathak/- (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.