Case Facts:
Patna High Court Cr.Misc. No.8433 of 2012 (3) dt.18-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8433 of 2012 ====================================================== Anand Kumar @ Anand Kumar Shrivastava @ Neeraj son of Jeewachh Prasad, R/o vill- Sikandarpur, P.S.-Muzaffarpur Town, District- Muzaffarpur .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashutosh Kumar, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 3 18-04-2012 Heard learned counsel for the petitioner and learned APP for the State. Earlier prayer for bail of the petitioner was rejected vide order dated 4.8.2011 passed in Cr. Misc. No. 16123 of 2011 and he has renewed his prayer for bail just after completion of six months. The petitioner is the husband of the deceased of the case registered under [STATUTE] and sections 3 and 4 of the Dowry and Prohibition Act. Priyanka Kumari married with the petitioner two years prior to the occurrence was allegedly burnt to death. She was having 90 % burn injury. Prayer for bail of the petitioner was earlier rejected considering the fact that the death is within 7 years of marriage and there was allegation that prior to the occurrence Patna High Court Cr.Misc. No.8433 of 2012 (3) dt.18-04-2012 the victim was subjected to torture by her husband and inlaws. The report received from the 5th Additional Sessions Judge, Muzaffarpur shows that Sessions Trial No. 479 of 2010 arising out of Town P.S. Case No. 125 of 2010 is fixed for framing of charge. Considering the period of detention and nature of allegation, prayer for bail of the petitioner is again rejected. avin/- (Shyam Kishore Sharma, 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.