Case Facts:
Patna High Court Cr.Misc. No.23840 of 2012 (4) dt.24-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23840 of 2012 ====================================================== 1. Jitendra Choudhary S/O Late Badari Choudhary .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4 24-09-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being husband of the deceased is in jail custody since 17.08.2010 in a case registered under [STATUTE] and ¾ of Dowry Prohibition Act. Admittedly, the marriage of petitioner was solemnized with deceased on 12.02.2009 but deceased died on account of burn injury on 03.09.2010. There is allegation of demand of dowry as well as torturing against the petitioner but submission on behalf of the petitioner is that deceased was caught in fire while she was cooking meal and after the aforesaid incident, she was immediately taken to private nursing home where she died in course of her treatment. Learned counsel for the petitioner submits that it was petitioner who gave information regarding the aforesaid Patna High Court Cr.Misc. No.23840 of 2012 (4) dt.24-09-2012 incident to the informant of the present case and having got the aforesaid information, informant came at nursing home and after death of the deceased he lodged this case. The aforesaid submission of learned counsel for the petitioner is supported by some paragraphs of the case diary. 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, Ara at Bhojpur in connection with Ara Nawada P.S. Case No. 366 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.