Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37792 of 2011 Manoj Kumar Sah Versus The State Of Bihar -------- 03/ 27.01.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 16.6.2011 in a case registered under [STATUTE] . Petitioner is husband of the deceased and admittedly, deceased died within two years of her marriage. Submission of learned counsel for the petitioner is that in course of investigation some independent witnesses stated before the Investigating officer that deceased committed suicide as petitioner is said to have illicit relation with wife of his brother. Regard being had to the facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner in connection with Ghoghardiha P.S. Case no. 19/2011 pending in the court of the Addl. Chief Judicial Magistrate, Jhanjharpur stands rejected. However, the Addl. Chief Judicial Magistrate, Jhanjharpur is hereby, directed to take step for commitment of the case of the petitioner to the court of Sessions in accordance with law within one month from the date of receipt of this order and after commitment, the learned trial court shall try to conclude the - 2 - trial of petitioner as early as possible. 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.