Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20593 of 2012 ====================================================== 1. Suwansh Mehta @ Suwansh Prasad Mehta S/O Bundi Mehta 2. Mahendra Mehta @ Mahendra Prasad Mehta S/O Late Basant Mehta All are Residents of Village- Khabduh, P.S.- Naroatganj, District- Araria .... .... Petitioners. Versus The State of Bihar .... .... Opposite Party. ====================================================== PRESENT: HONOURABLE MR. JUSTICE S.N. HUSSAIN ORDER 2 07-06-2012 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are accused for offences punishable under [STATUTE] . Learned counsel for the petitioners states that although petitioners are named in the FIR, but no specific overt act has been alleged against any one of them. Learned counsel for the petitioners further submits that even according to the F.I.R when the accused persons were going on tractor to cultivate their land, the deceased came in front of the tractor and tried to stop them, but the accused persons pulled her away from the road and assaulted her. It is also stated that the informant did not get the deceased treated due to which she Patna High Court Cr.Misc. No.20593 of 2012 (2) dt.07-06-2012 2 / 2 2 died after three days. In the said circumstances, he submits that death was caused not due to the act of the accused, but due to the negligence of the informant. Learned counsel for the petitioners also avers that the entire allegation is absolutely false and frivolous and the petitioners have been implicated falsely due to land dispute. Learned counsel for the petitioners further asserts that the petitioners have got no criminal antecedents and they are in custody since March, 2012. In the aforesaid facts and circumstances, this petition is allowed. Let petitioners above named be released on bail on furnishing bail bonds of Rs.10,000.00 (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No.36 of 2007 (G.R.No.169 of 2007). Sunil/- (S.N. Hussain, 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.