Case Facts:
Patna High Court Cr.Misc. No.17983 of 2012 (2) dt.09-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17983 of 2012 ====================================================== 1. Prem Shanker Yadav S/O Subba Yadav .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 09-05-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The first information report reflects that marriage of deceased had taken place with the petitioner in the year 2001 and according to prosecution case, deceased died on 11.11.2011 i.e. much after seven years of her marriage. It appears that in spite of the aforesaid fact the case has been instituted under [STATUTE] without having any specific overt-act against the petitioner who happens to be husband of the deceased. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhabua (Kaimur) in connection with Durgawati P.S. Case No. 193 of 2011. 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.