Case Facts:
Patna High Court Cr.Misc. No.6071 of 2012 (3) dt.23-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6071 of 2012 ====================================================== Ashwani Kumar @ Pintoo Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 23.08.2012 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 23.7.2011 in a case registered under [STATUTE] . According to the prosecution case itself, marriage of the deceased had taken place with the petitioner in the year 2005 whereas deceased died in the year 2010 i.e. after five years of the marriage. In course of investigation, co-villagers of the petitioner stated that on the alleged date of the occurrence, deceased along with her son had gone to attend call of nature but unfortunately, she was electrocuted and died in course of her treatment. Learned counsel for the petitioner submits that after the above stated incident, the deceased was immediately taken to hospital and she was referred to Gaya for better treatment but unfortunately, she died while she was being taken to Gaya. Although Superintendent of Police, Gaya disbelieved the aforesaid story and directed the Investigating officer to submit charge sheet under [STATUTE] against the petitioner and others but considering the aforesaid facts and circumstances as Patna High Court Cr.Misc. No.6071 of 2012 (3) dt.23-08-2012 well as submissions of the parties coupled with the period of detention of the petitioner in jail custody, let the petitioner, Ashwani Kumar @ Pintoo Kumar, be released 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, Gaya in Khizersarai P.S. Case no. 136/2010. 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.