Case Facts:
Patna High Court Cr.Misc. No.5814 of 2012 (3) dt.26-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5814 of 2012 ====================================================== 1. Anil Singh S/O Krishna Singh .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 26-03-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is husband of the deceased but submission on behalf of the petitioner is that in course of investigation, some witnesses including one Sudama Singh, who had given information regarding the death of the deceased, stated that at the time of the alleged occurrence petitioner was not present at his home rather he had gone to Delhi in connection with his livelihood and, therefore, in view of the statement of aforesaid witnesses, petitioner should be released on bail. Considering the aforesaid facts and circumstances as well as submissions of the parties particularly, keeping in mind that the case has been registered under [STATUTE] and there is allegation of harassment as well as illegal demand against the petitioner and others and in course of Patna High Court Cr.Misc. No.5814 of 2012 (3) dt.26-03-2012 investigation, some witnesses have supported the aforesaid fact and furthermore, the deceased died in other than normal circumstances, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Sessions Trial No. 262 B of 2011 arising out of Obra P.S. Case No. 71 of 2011 pending in the court of Additional Sessions Judge, Fast Track Court-V, Aurangabad is, hereby, rejected. However, learned trial court is directed to expedite the trial of the petitioner. 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.