Case Facts:
Patna High Court Cr.Misc. No.38390 of 2011 (3) dt.25-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38390 of 2011 ====================================================== Sheikh Noor Alam @ Sk. Noor Alam @ Md. Noor Alam, S/O-Sheikh Izahar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 3 25-01-2012 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 since 08.08.2011 in a case registered under [STATUTE] . Learned counsel for the petitioner submits that deceased was pregnant but unfortunately her child died in her womb and being frustrated with the aforesaid incident, deceased committed suicide by taking poison at her natal place and after the aforesaid incident, the deceased was taken to Ayush Chikitsa Kendra, Manjhaulia but she was referred to Bettiah for better treatment and the aforesaid fact is evident from Para-65 of the case diary. It is further submitted by him that after the death of the deceased a dispute took place between the parties in Patna High Court Cr.Misc. No.38390 of 2011 (3) dt.25-01-2012 respect of ornaments of the deceased and the aforesaid dispute prompted the informant to lodge this case against the petitioner as well as his other family members. 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, Bettiah, West Champaran in connection with Chanpatiya P.S. Case No. 297 of 2010. 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.