Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12433 of 2012 ====================================================== 1. Pramod Pandit, S/o Jagarnath Pandit. 2. Jogni Devi, W/o Pramod Pandit. Both R/o village-Guguldih Kewal, P.S.-Gidhour, District-Jamui. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 26-03-2012 Heard learned counsels for the petitioners and the State. The petitioners apprehend their arrest in connection with a case registered for the offence punishable under [STATUTE] . The petitioners are married brother-in-law (Nandoi) and sister- in-law (Nanad) respectively of the daughter of the informant. The daughter of the informant was married to one Kamdeo Pandit five years ago. It is stated in the F.I.R. itself that petitioner no. 1 is an agnate of the informant with whom dispute relating land was going on. It is contended on behalf of the petitioner that there is no truth behind the allegation. Their marriage took place long before. They do not have any concern with day to day affairs of the husband of the deceased. Admittedly, they reside in the village of the informant and petitioner no. 1 is on litigating terms with the informant due to land dispute. The case under Section 304B is mis-conceived as there is no allegation that soon before Patna High Court Cr.Misc. No.12433 of 2012 (2) dt.26-03-2012 2 / 3 2 death, the deceased was being subjected to cruelty for non-fulfillment of demand of dowry. The post-mortem report goes to suggest that the deceased died due to cardio respiratory failure and no external or internal injury could be detected by the doctor conducting the post-mortem examination. It has also been contended that the husband of the deceased who was arrested by the police has been granted bail under Section 167(2) of the Code of Criminal Procedure as the police failed to submit charge sheet within prescribed time. Be that as it may, considering the nature of allegation, facts and circumstances of the case, let the petitioners, namely (i) Pramod Pandit & (ii) Jogni Devi in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Sono P.S. Case No. 120 of 2011 subject to the condition as laid down under Section 438(2) Cr. P.C. as also on the following conditions: (i) That both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners. (ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That they shall remain present before the court on the dates fixed for hearing of the case. If they want to remain absent, then they will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they will immediately inform the court and request that they may be Patna High Court Cr.Misc. No.12433 of 2012 (2) dt.26-03-2012 3 / 3 3 permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violate any of the conditions imposed by this Court. Sanjeet/- (Ashwani 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.