Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27628 of 2012 ====================================================== 1. Ekarsi Devi 2. Umarawati Devi. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 06-08-2012 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under [STATUTE] . The accusation against the petitioners is to have made assault with axe, garasa and lathi to Gudani Devi due to which she got injured and ultimately died on 26.02.2007 when the occurrence is of 30.12.2006 thereafter the complaint was filed on 30.02.2007. It is submitted by lsearned counsel for the petitioner that during investigation, the accusation was found false and final form has been submitted but on protest, the cognizance has been taken on 08.08.2011. Considering the delayed lodging of the case and the accusation being found false during investigation, let the above named petitioners be released on anticipatory bail, in the event of Patna High Court Cr.Misc. No.27628 of 2012 (2) dt.06-08-2012 2/2 arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Complaint Case No. C-1796 of 2008 arising out of Amnour (Bheldi) P.S. Case No. 46 of 2007, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh Kumar Singh, 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.