IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1980 of 2009 DR.MD.AZAM HUSSAIN @ MD.AZAM HUSSAIN & ANR Versus STATE OF BIHAR & ANR ----------- 3. 14.5.2010. Heard Sri Vishwanath Prasad Sinha, learned senior counsel for the petitioners and also the learned counsel for the informant. The court is of the view that an offence under Section 304(B) may not be constituted under some admitted facts like that the marriage of the deceased to petitioner no.1, namely, Dr. Md. Azam Hussain @ Md. Azam Hussain was solemnized on 6.10.1996 as is stated in the FIR itself. The date of occurrence was 19.11.2007. As per the provisions of Section 304B of the Penal Code, if the death of woman occurs within seven years of her marriage under circumstances other than normal or on account of any burn or bodily injury and it is reasonably shown that the death was preceded by instances of cruelty or harassment of the lady by her husband or any of his relatives, then it could be an offence under Section 304B of the Penal Code. Here as pointed out just now, the marriage has taken place some times 11 years prior to the date of occurrence and in that view, the offence under - 2 - Section 304B cannot be said to be constituted. The order framing of charge for that particular offence in the above view of the matter, appears completely erroneous and an abuse of the process of the court. As regards other facts of the case that has to be scanned by the court below and it may consider whether any other offence or offences could be constituted under the facts of the case. That liberty always lies with the trial court as may appear from the provisions of Section 216 of the Cr.P.C. The petition is allowed in the above terms and with the above observations. B.Kr. ( Dharnidhar Jha, J. )