Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38164 of 2011 Subodh Rai, S/O-Saheb Rai Versus The State Of Bihar ---------------------------------- 03 03.01.2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 31.05.2011 in a case registered under [STATUTE] . Admittedly, petitioner is husband of the deceased and his marriage had taken place with deceased in the year 2007. Learned counsel appearing for petitioner submits that in course of investigation one witness stated before the Investigating Officer that deceased had consumed poison but in spite of that the police has submitted charge-sheet under [STATUTE] . Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail. Accordingly, his prayer for bail in connection with Bakhtiyarpur P.S. Case No. 39 of 2011 pending in the court of Additional Chief Judicial Magistrate, Barh, District-Patna is, hereby, rejected. It appears from perusal of prayer portion of this petition that the case of this petitioner is still pending in the court of Additional Chief Judicial Magistrate, Barh, District-Patna. In the aforesaid circumstance, learned Additional Chief Judicial Magistrate, Barh, is directed to commit the case of 2 the petitioner to the court of Sessions in accordance with law within 15 days from the date of receipt of this order and after commitment, the learned trial court shall expedite the trial of the petitioner and if the trial of the petitioner is not concluded within nine months from the date of receipt of the record in the trial court, the petitioner may renew his prayer for bail. Let this order be communicated to the court of Additional Chief Judicial Magistrate, Barh, District-Patna through FAX at the cost of the petitioner. 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.