Case Facts:
Patna High Court Cr.Misc. No.41620 of 2011 (3) dt.30-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41620 of 2011 ====================================================== Pankaj Kumar @ Pankaj Kumar Gupta @ Pankaj Sao, s/o-Late Jagarnath Sao .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Rabi Bhushan Prasad No.1 For the State : Dr. M.K. Gautam (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 3 30-01-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody in a case registered under [STATUTE] and ¾ of Dowry Prohibition Act. Admittedly, petitioner is husband of the deceased and his marriage had taken place four years ago but within four years of her marriage, the wife of the petitioner died in other than normal circumstances. Learned counsel for the petitioner submits that petitioner is a mentally retarded person and, as a matter of fact, deceased being fed up with the mental health of the petitioner committed suicide and after the aforesaid incident, information Patna High Court Cr.Misc. No.41620 of 2011 (3) dt.30-01-2012 regarding the death of the deceased was given to the informant as well as his other family members but they did not reach in time as a result of which the dead body of the deceased was cremated before arrival of the informant and others. Regard being had to the facts and circumstances of the case as well as submissions of the parties, I am not inclined to release the petitioner on bail. Accordingly, his prayer for bail in connection with Warisaliganj P.S. Case No. 32 of 2006 pending in the court of Chief Judicial Magistrate, Nawada is, hereby, rejected. Learned Chief Judicial Magistrate, Nawada should commit the case of the petitioner to the court of Sessions in accordance with law as early as possible. 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.