Case Facts:
Patna High Court Cr.Misc. No.12745 of 2011 (12) dt.30-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 12745 of 2011 ====================================================== Ganesh Keshri .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 12 30-10-2012 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for grant of anticipatory bail in a case under [STATUTE] . The informant is not the eye-witness to the occurrence and in the First Information Report she learnt from Tannu Kumari, the daughter of the informant that the petitioner, Ganesh Keshri, assaulted the husband of the informant on his abdomen by slaps and fists by which the victim Vijay Prasad Keshri died during treatment in P.M.C.H. However, the case diary, which was called for, did not contain either the statement of Tannu Kumari or the injury report or the post-mortem report. This Court by order dated 10.05.2012 directed the Superintendent of Police, Patna to look into the matter and procure the post-mortem report and injury report as well as the statement of Tannu Kumari. However, it has been reported that though the notice has been issued to the brother of Tannu Kumari for producing her for statement but he has not been produced and has stated that the original post-mortem report was not available in the office and a photo-copy of the post-mortem report has been made available by Mannu Devi, the mother of the Patna High Court Cr.Misc. No.12745 of 2011 (12) dt.30-10-2012 victim, Vijay Prasad Keshri which has been sent to this Court which shows that one lacerated wound over right side brow, lateral part deep skin deep ½” x ¾” on dissection laceration was found under the scalp right occipital area and the injury no. 1 said to be caused by hard and blunt substance. The cause of death is septicemia. However, having regard to the fact that the informant is not the eye-witness to the occurrence and Tannu Kumari from whom the informant learnt has not been examined, hence, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Kotwali P. S. Case No. 405 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as well as subject to the condition that the petitioner shall produce himself as and when required by the police and shall co-operate with the police during investigation. However, if a charge-sheet has been submitted against the petitioner then the petitioner shall surrender and pray for regular bail. Kundan/- (Gopal Prasad, 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.