Case Facts:
Patna High Court Cr.Misc. No.24678 of 2012 (3) dt.21-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24678 of 2012 ====================================================== Raj Kumar Rai, S/O-Late Mohan Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 21-09-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. No doubt, petitioner being husband of the deceased is in jail custody since 04.02.2011 in a case registered under [STATUTE] but admittedly, earlier the prayer for bail of the petitioner has already been rejected on merit. Although, this Court directed the trial court to conclude the trial of the petitioner within one year from the date of commitment order but it is apparent from the report of learned trial Judge that case is still pending for appearance of other accused. Moreover, the trial court has sought ten months’ time to conclude the trial of the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, the prayer for bail of the petitioner is again rejected. However, petitioner may renew his prayer for bail in Patna High Court Cr.Misc. No.24678 of 2012 (3) dt.21-09-2012 connection with Sessions Trial No. 457 of 2012/69 of 2012 arising out of Shahpur P.S. Case No. 57 of 2010 after ten months, if his trial is not concluded within the above stated period. Let a copy of this order be sent to the court of Sri Satya Prakash, Additional Sessions Judge-VI, Danapur in connection with the above stated case for needful. 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.