Case Facts:
Patna High Court Cr.Misc. No.6406 of 2012 (2) dt.21-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6406 of 2012 ====================================================== Shyam Sunder Sah, S/O-Late Ganga Sah .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Arun For the State : Md. Aslam Ansari (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 21-02-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being elder brother of husband of the deceased is languishing in jail custody since 26.07.2011 in a case registered under [STATUTE] and ¾ of Dowry Prohibition Act. It would appear from perusal of the first information report itself that the informant got information in respect of condition of the deceased from his relative and when he came at the house of the petitioner, he found the dead body of the deceased. The contention of learned counsel for the petitioner is that deceased died of her ailment and, as a matter of fact, in course of investigation, the doctor could not ascertain the cause of death of the deceased and the viscera of the deceased was sent for Patna High Court Cr.Misc. No.6406 of 2012 (2) dt.21-02-2012 chemical examination and till the receipt of aforesaid viscera report, the police did not arrest the petitioner but later on, at the direction of Superintendent of Police, the Investigating Officer arrested the petitioner. 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 Additional Sessions Judge, Fast Track Court-III, Supaul in connection with Sessions Trial No. 246 of 2010 arising out of Supaul P.S. Case No. 102 of 2002. 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.