Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44994 of 2011 ====================================================== 1. Upendra Yadav 2. Arhuliya Devi 3. Santosh Yadav .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party/s ====================================================== 2 04-01-2012 Heard learned counsels for the petitioners and the State. The petitioner nos. 1 and 2 being the parents of the husband and petitioner no.3 being the husband are apprehending their arrest in a case registered under [STATUTE] and Section ¾ of the Dowry Prohibition Act. It is alleged that after three years of marriage for the sake of non-fulfillment of the dowry demand the victim has been killed. It is submitted by learned counsel for the petitioner that the informant has admitted this fact that he participated in the cremation but for the occurrence 03.07.2011, the F.I.R. has been lodged on 13.08.2011. Annexure-2 reflects that the informant subsequently retracted from his initial version and filed a petition before the learned court below to the effect that the marriage was performed nine years prior to the occurrence. In that view of the matter, let the above named petitioner nos.1 and 2 be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 381/2011 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. So far as, petitioner no.3 being the husband is concerned, this Court is not inclined to grant anticipatory bail to him, hence his prayer for anticipatory bail is rejected but considering the retracted version of the informant, let the learned court below consider the regular bail of the petitioner no.3 if the surrenders within a period of six weeks. Amrendra Kumar/- (Dinesh Kumar Singh, 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.