Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36053 of 2011 ====================================================== Ashok Kumar S/O Heera Mahto R/O Village - Bherokhar, P.S. Tajpur, District - Samastipur .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Harish Kumar, Advocate For the Opposite Party/s : Mr. Dr. M.K.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 3. 18-01-2012 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Tajpur P.S.Case No.194 of 2010 for the offence punishable under [STATUTE] . The petitioner is the husband of the victim lady and the allegation against him is of strangulating his wife. Learned counsel for the petitioner, with reference to the statement of independent witnesses found at paragraph nos.27 and 29 of the case diary, submits that the witnesses have categorically stated that they brought down the body of the deceased by breaking open the door which was locked from Patna High Court Cr.Misc. No.36053 of 2011 (3) dt.18-01-2012 2 inside and which apparently show that it was a case of suicide and not a dowry death. It is further submitted that there was no attempt on the part of the petitioner to wipe out the evidence as the body of the deceased was found in the house of the petitioner and he was arrested from his residence. He thus submits that the circumstances are sufficient for consideration of bail of the petitioner. Regard being had to the submissions of learned counsel, let the petitioner Ashok Kumar be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur in connection with Tajpur P.S.Case No.194 of 2010, subject to the condition that the petitioner shall ensure his representation before the court below on each and every date fixed in the case and on the failure on the part of the petitioner to ensure his representation on two consecutive dates fixed in the case, would entitle the court concerned to cancel his bail bonds and to take him into custody. ahk (Jyoti Saran, 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.