Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11083 of 2012 ====================================================== Upendra Thakur S/O Late Swaminath Thakur R/O Village - Mahual Mahal, Police Station - Hasanpura ( M.H. Nagar ), District - Siwan .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.11086 of 2012 ====================================================== 1. Madan Thakur S/O Late Swaminath Thakur R/O Village - Mahual Mahal, Police Station - Hasanpura ( M.H. Nagar ), District - Siwan 2. Pramila Devi W/O Madan Thakur R/O Village - Mahual Mahal, Police Station - Hasanpura ( M.H. Nagar ), District - Siwan 3. Chandan Thakur S/O Late Swaminath Thakur R/O Village - Mahual Mahal, Police Station - Hasanpura ( M.H. Nagar ), District - Siwan .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.11083 of 2012) For the Petitioner/s : Mr. Angad Kumar, Adv. For the Opposite Party/s : Md. Arif, A.P.P. (In Cr.Misc. No.11086 of 2012) For the Petitioner/s : Mr. Angad Kumar, Adv. For the State : Mr. C. Jawahar, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 20-07-2012 Heard learned counsel for the Petitioners and the State. The Petitioners seek quashing of the order dated 31.5.2011 passed by the Chief Judicial Magistrate, Chapra (Saran) in Kopa P.S. Case No. 63 of 2010 (Sessions Trial No. 811 of Patna High Court Cr.Misc. No.11083 of 2012 (2) dt.20-07-2012 2 / 2 2 2011/612 of 2011) by which he has taken cognizance in the matter. It has been submitted that during course of investigation, no ingredients of Section 304B transpires against the Petitioners and, therefore, the cognizance is bad. I find that the charge sheet was submitted under [STATUTE] and even cognizance was taken under the same offence where the onus shifts on the accused and hence, I am not inclined to interfere in the matter. The application is dismissed. S.Ali (Anjana Prakash, 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.