Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10894 of 2012 ====================================================== Bhutan Singh @ Bhuran Singh @ Ghuran Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 13-03-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. This is a petition for regular bail for offence under [STATUTE] . It is alleged that Ghuran Singh complained about plucking of maize by the grand son of the informant and thereafter it is alleged that Viro Singh and Bhullo Kumar assaulted Sarvesh Kumar, the grand son of the informant by feet, slaps and lota. In the meantime the informant’s son, namely, Mukesh Kumar, came there who was also assaulted by them by feet, slaps and lota. The Patna High Court Cr.Misc. No.10894 of 2012 (2) dt.13-03-2012 2 / 2 2 occurrence is said to have taken place at about 5/6 A.M. Learned counsel for the petitioner submits that after the occurrence the son of the informant went to the Bathan of Sudhir Singh where he was lying dead. But the informant received information to this effect at 11 A.M. However, the post mortem examination report suggests that no external injury seen. Head intact, neck intact. However, swelling about 1 ½ in diameter was found and death was due to cardio resbondary failure, caused by internal hemorrhage, caused by Head injury. There is no criminal antecedent against the petitioner. Hence, having regard to the fact that there is allegation of assault by feet, slaps and lota against co-accused, Biro Singh and the petitioner is in jail custody since 20.9.2011, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M., Barh, in Pandarak P.S. Case No.102/10. AnilKrSinha/- (Gopal Prasad, 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.