Case Facts:
Patna High Court Cr.Misc. No.34903 of 2012 (3) dt.12-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34903 of 2012 ====================================================== 1. Md. Israil @ Asrar S/O Md. Fatkan .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 12-12-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being husband of the deceased is languishing in jail custody in a case registered under [STATUTE] . According to prosecution case itself, the marriage of deceased had taken place with petitioner six years ago and after marriage deceased had given birth to two children. Although, it is stated that deceased was administered poison by the petitioner and his other family members but in course of investigation some witnesses vide paragraph nos. 46, 47 and 48 stated that deceased died of her ailment. Moreover, petitioner and informant are co- villagers and according to prosecution case itself, the alleged occurrence took place on 24.08.2011 whereas the first information report was lodged on 30.08.2011 i.e. after six days of the alleged Patna High Court Cr.Misc. No.34903 of 2012 (3) dt.12-12-2012 occurrence. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Raniganj (Bounsi) P.S. Case No. 206 of 2011. SHAHZAD/- (Hemant Kumar Srivastava, J)

Applicable IPC Section: 304

Statute Text:
Section 304 of the Indian Penal Code. Culpable homicide not amounting to murder, If act by which the death is caused is done with intention of causing death, etc. Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.