Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28471 of 2012 ====================================================== Ashok Kumar Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 16-08-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that the petitioner was the main contractor who was using inferior quality of materials as a result of which some portion of the roof collapsed causing death of two labourers. It is submitted by learned counsel for the petitioner that the work was being executed by one Suresh Pd. Singh and during investigation the accusation was found true only against Suresh Pd. Singh when the petitioner was not sent up for trial but differing with the same cognizance has been taken against the petitioner also. Moreover, accusation suggests at best a case under [STATUTE] . Patna High Court Cr.Misc. No.28471 of 2012 (2) dt.16-08-2012 2/2 Considering the fact that accusation was found false against the petitioner during investigation, 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 twelve 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, Chpara in connection with Chapra Muffasil P.S. Case No. 244 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh Kumar Singh, 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.