Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15802 of 2012 ====================================================== 1. Shashi Bhushan @ Shashi Bhushan Pd. S/O Rakeshwar Prasad @ Ram Ishwar Prasad R/O Village- Maharkar, P.S.- Chandi, District- Nalanda .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 20-07-2012 Heard the learned counsel for the petitioner and the State. This is a petition for grant of regular bail for offence under [STATUTE] . There is allegation of demand and subjecting cruelty. The learned counsel for the petitioner submits that in paragraphs 14, 29 and 30 of the case diary one version is that the victim was subjecting to cruelty and the deceased was done to death by in- laws and in paragraphs 17, 18, 19, 30, 31, 32, 41, 42 and 43 the witnesses have stated that she committed suicide in view of the quarrel with the husband. The learned counsel for the petitioner submits that there is no evidence regarding abatement by the husband. Having regard to the facts and circumstances of the case, since there is allegation of demand and subjecting to cruelty and it is apparent that the death is in suspicion circumstance, I am not inclined to grant bail to the petitioner at this stage. The prayer for bail is rejected. However, the trial be expedited and if it is not concluded within a year, then, the petitioner may renew his prayer for bail. SA/- (Gopal Prasad, 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.