Case Facts:
Patna High Court Cr.Misc. No.6385 of 2012 (3) dt.04-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6385 of 2012 ====================================================== Bikash Kumar Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 04.05.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner being husband of the deceased is in jail in a case registered under [STATUTE] and 3/ 4 of the D.P. Act. The contention on behalf of the petitioner is that the deceased died of her ailment and, as a matter of fact the informant participated in the funeral of the deceased but later on, he demanded some money from the family members of the petitioner and when the aforesaid demanded was refused by the family members of the petitioner, informant lodged this case after two days of the alleged occurrence and the aforesaid fact has been supported by the witnesses in course of investigation. It is also pointed out by him that the concerned Dy. S.P found the accusation untrue but on the direction of the Superintendent of Police, Investigating officer submitted charge sheet against the petitioner and others. Regard being had to the facts and circumstances as well as submissions of the parties, I do not feel it proper to release the petitioner on bail. Patna High Court Cr.Misc. No.6385 of 2012 (3) dt.04-05-2012 Accordingly, the prayer for bail of the petitioner in connection with Azimabad P.S. Case no. 14/2011 pending in the court of the Chief Judicial Magistrate, Bhojpur, Ara stands rejected. However, the Chief Judicial Magistrate, Bhojpur, Ara is directed to commit the case of the petitioner to the court of Sessions in accordance with law within three weeks from the date of receipt of this order and after commitment, the trial court shall try to conclude the trial of the petitioner as early as possible, preferably, within nine months from the date of commitment. It is made clear that if within the above stated period, trial of the petitioner is not concluded, the petitioner may renew his prayer for bail. shahid (Hemant Kumar Srivastava,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.