Case Facts:
Patna High Court Cr.Misc. No.9922 of 2012 (3) dt.18-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9922 of 2012 ====================================================== 1. Balindar Sah S/O Ramlal Sah .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 18-06-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is husband and he has been made accused in a case registered under [STATUTE] . Admittedly, the marriage of the petitioner was solemnized with the deceased in the year 2009 and deceased died in mysterious circumstance in the year 2011 i.e. within two years of her marriage and furthermore, there is allegation that petitioner used to torture the deceased for non-fulfilment of demand of rupees fifty thousand in dowry. Learned counsel for the petitioner submits that in course of investigation, some witnesses stated that petitioner and his other family members were falsely implicated by the informant and the deceased died of her ailment but I am not, at all, convinced Patna High Court Cr.Misc. No.9922 of 2012 (3) dt.18-06-2012 with the above stated submission and accordingly, the prayer for bail of the petitioner in connection with Thawey P.S. Case No. 53 of 2011 pending in the court of Chief Judicial Magistrate, Gopalganj is, hereby, rejected. It appears from perusal of prayer portion of this petition that the case of this petitioner is still pending in the court of Chief Judicial Magistrate, Gopalganj. In the aforesaid circumstance, learned Chief Judicial Magistrate, Gopalganj is directed to commit the case of the petitioner to the court of Sessions in accordance with law within three weeks from the date of receipt of this order, 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.