Case Facts:
Patna High Court Cr.Misc. No.25925 of 2012 (4) dt.17-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25925 of 2012 ====================================================== 1. Bhuminath Singh @ Munni Nath Singh @ Prabhakar Nath Singh S/O Sudama Singh .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4 17-09-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner being elder brother of husband of the deceased is in jail custody since 21.04.2012 in a case registered under [STATUTE] . In course of investigation, one dead body was recovered from a river and informant as well as his other family members claimed to be dead body of the deceased of this case. The contention on behalf of the petitioner is that on the alleged date of occurrence one boat was mishaped and some persons were died in the aforesaid accident and as a matter of fact, the recovered dead body belongs to the victim of the aforesaid accident. It is further contended by him that in post-mortem examination no external injury was found and the cause of death Patna High Court Cr.Misc. No.25925 of 2012 (4) dt.17-09-2012 could not be ascertained and according to opinion of the doctor, the death of aforesaid dead body was taken place three to five days prior to the post-mortem examination whereas present case was lodged on 02.04.2012. 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, Saran at Chapra in connection with Isuapur P.S. Case No. 36 of 2012. 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.