Case Facts:
Patna High Court Cr.Misc. No.16717 of 2012 (2) dt.10-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16717 of 2012 ====================================================== 1. Bindeshwari Singh, 2. Anar Devi, 3. Pankaj Kumar Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 10-05-2012 The learned counsel for the petitioners is permitted to make necessary correction in the petition, as prayed for. Heard learned counsels for the petitioners and the State. The petitioners being parents of the husband and husband himself are apprehending arrest in a case registered for the offences under [STATUTE] . The accusation is of killing the daughter of the informant after seven years of the marriage for non fulfillment of dowry demands. It is submitted that on the own admission of the informant to the effect that the marriage was performed seven years prior to the occurrence, the case does not come within the purview of [STATUTE] . Considering the aforesaid facts, let the above named Patna High Court Cr.Misc. No.16717 of 2012 (2) dt.10-05-2012 petitioner nos. 1 and 2 be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No. 289 of 2011 subject to the conditions as laid down under Section 438(2) Cr.P.C. So far as petitioner no. 3 is concerned, since he is husband of the deceased, this court is not inclined to grant anticipatory bail to him. However, considering the fact that the death has taken place after seven years of the marriage, the accusation appears to be doubtful. Let the learned court below consider the regular bail of petitioner no. 3 in case he surrenders within six weeks from today in connection with the aforementioned case pending in the court of C.J.M., Araria. Let this order be transmitted through FAX at the cost of the petitioner. Anil/- (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.