Case Facts:
Patna High Court Cr.Misc. No.15068 of 2012 (2) dt.11-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15068 of 2012 ====================================================== Kunti Devi wife of Prem Raut @ Prem Kumar, R/o village- Bari Aat, P.S.- Wen, District- Nalanda………………………………….. Petitioner/s Versus The State Of Bihar ……...... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Samir Kumar Sinha, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 2 11-04-2012 Heard learned counsel for the petitioner and learned APP for the State. It has been submitted by the learned counsel for the petitioner that he is conducting the case of the petitioner before the court below it has been averred that the husband of the petitioner is in custody. The petitioner seeks bail in a case registered under [STATUTE] . The informant’s daughter Nirmala Devi aged 20 was married on 9.5.2011 with Chhotu Raut the son of the petitioner and within two months of her marriage she was killed. It has been alleged that her husband was raising demand of dowry. Submission is that the petitioner was living in Chennai and in support of this contention Ratioin card has been annexed as Annexure-2. Patna High Court Cr.Misc. No.15068 of 2012 (2) dt.11-04-2012 Considering the facts and circumstances of the case, the petitioner above named is directed to be released on furnishing of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri R. V. S., Parmar, J. M. Ist Class, Biharsharif, Nalanda in connection with Ben P.S. Case No. 58 of 2011. It is made clear that before accepting the bail bond the court below should verify that the husband of the deceased is in custody and if he is not found in custody then the petitioner would not be released. avin/- (Shyam Kishore Sharma, 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.