Case Facts:
Patna High Court Cr.Misc. No.12669 of 2012 (3) dt.27-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12669 of 2012 ====================================================== 1. Binod Sah S/O Narayan Sah .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 27-06-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Although, informant and some witnesses supported the prosecution case in course of investigation and the post- mortem report reveals that cause of death of the deceased was asphyxia but submission on behalf of the petitioner is that informant has filed compromise petition before the learned court below accepting this fact that he lodged the present case under misconception and now he does not want to proceed with the case. Petitioner being husband of the deceased is languishing in jail custody since 14.11.2011 in a case registered under [STATUTE] . No doubt, the death of the deceased was other than normal circumstances but taking into consideration the retracted version of the informant, I think it proper to release the petitioner Patna High Court Cr.Misc. No.12669 of 2012 (3) dt.27-06-2012 on bail and, accordingly, petitioner is directed to 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 Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 66 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.