Case Facts:
Patna High Court Cr.Misc. No.8827 of 2012 (4) dt.27-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8827 of 2012 ====================================================== 1. Chhabbu Yadav S/O Late Dhaneshwar Yadav @ Dhanni Yadav .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4 27-06-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 03.05.2011 in a case registered under [STATUTE] . Admittedly, petitioner is husband and his marriage had taken place with the deceased six years ago. It is also an admitted case of the prosecution that deceased consumed poison as a result of which she died. Learned counsel for the petitioner submits that it is not a case of either [STATUTE] and at best, it is a case of [STATUTE] . Considering the aforesaid facts and circumstances as well as period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs. Patna High Court Cr.Misc. No.8827 of 2012 (4) dt.27-06-2012 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast Track Court- III, Madhepura in connection with Sessions Trial No. 247 of 2011 arising out of Chausa P.S. Case No. 26 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.