Case Facts:
Patna High Court Cr.Misc. No.26540 of 2012 (3) dt.24-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26540 of 2012 ====================================================== Sheo Jee Sah .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 24.09.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner being husband of the deceased is in jail custody since 16.3.2012 in a case registered under [STATUTE] and 3/ 4 of the D.P. Act. Marriage of the petitioner had taken place three years ago with the deceased and there is allegation that he as well as other family members used to torture the deceased on account of non- fulfillment of dowry demand. The contention of learned counsel for the petitioner is that the deceased died of her ailments and in presence of the informant, dead body of the deceased was cremated. It is further contended by him that in course of investigation prescriptions of the deceased were produced before Investigating officer and after that Investigating officer recorded the statement of the doctor who had given treatment to the deceased which is evident from perusal of paras 27 and 28 of the case diary. Moreover several witnesses stated that deceased died of her ailments. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Sheo Jee Sah, be released Patna High Court Cr.Misc. No.26540 of 2012 (3) dt.24-09-2012 on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in Charpokhari P.S. Case no. 171/2010. Shahid (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.