Case Facts:
Patna High Court Cr.Misc. No.12636 of 2012 (3) dt.14-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12636 of 2012 ====================================================== 1. Raju Giri S/O Sri Ram Sidhi Giri .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 14-05-2012 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 in a case registered under [STATUTE] . The contention on behalf of the petitioner is that post- mortem report of the deceased reflects that deceased committed suicide and as a matter of fact, deceased committed suicide on account of petty family feud. It would appear from perusal of the first information report as well as statements of witnesses that deceased died within one year of her marriage and there is allegation of illegal demand against the petitioner. Admittedly, the deceased died in other than normal circumstances. Therefore, considering the aforesaid facts and Patna High Court Cr.Misc. No.12636 of 2012 (3) dt.14-05-2012 circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Parasi P.S. Case No. 41 of 2011 pending in the court of Chief Judicial Magistrate, Jehanabad is, hereby, rejected, at least, at this stage. However, learned Chief Judicial Magistrate, Jehanabad is directed to commit the case of the petitioner to the court of Sessions, if the same has not been committed as yet. 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.