Case Facts:
Patna High Court Cr.Misc. No.41022 of 2012 (2) dt.05-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41022 of 2012 ====================================================== Pran Gopal Sarkar & Anr. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 05.11.2012 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners are named in the first information report but according to the prosecution case itself, the alleged occurrence took place on 22.5.2012 whereas first information report was lodged on 24.5.2012 i.e. after two days of the alleged occurrence. Furthermore, the informant stated in his written report that he has already disposed of dead body of the deceased and the deceased met with an accident on the alleged date of occurrence. The police after investigation submitted charge sheet under [STATUTE] . Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, Pran Gopal Sarkar and Maran Kumar Sarkar, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah District West Champaran in Bhangaha P.S. Case no. 23/2012. Shahid (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.