Case Facts:
Patna High Court Cr.Misc. No.2583 of 2012 (2) dt.08-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2583 of 2012 ====================================================== Vijay Kumar Mishra .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 2 08-02-2012 The petitioner, father-in-law of the deceased, apprehends his arrest in Sitamarhi (Sadar) Police Station Case No. 419 of 2008 lodged under [STATUTE] giving rise to Tr.No. 830 of 2011 on the ground that he along with other family members killed the sister of informant for want of dowry. His prayer for anticipatory bail was earlier refused by this court vide order dated 10.5.2010, passed in Cr.Misc.No.33783/2009. Petitioner submits that he was the head master of a school and was not present at the place of occurrence at the relevant time. More so, police after investigation has submitted charge sheet only against husband of the deceased and has exonerated other accused persons including the petitioner finding them innocent. However, the trial court has taken cognizance of the offence against him. Patna High Court Cr.Misc. No.2583 of 2012 (2) dt.08-02-2012 As police has not found the accusation to be true against the petitioner, let him (Vijay Kumar Mishra) be released on bail in the event of his surrender within six weeks from today on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in Sitamarhi (Sadar) Police Station Case No. 419 of 2008, giving rise to Tr.No. 830 of 2011. Petitioner would not be absent for two consecutive dates till three witnesses are examined in the trial. Shashi. (Samarendra Pratap 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.