Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6183 of 2012 ====================================================== Pundeo Thakur , son of Babu Ram Thakur resident of village- Zorebera, P.S. Fenhara, District- East Champaran. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 08-02-2012 Heard learned counsels for the petitioner and the State. The petitioner apprehends his arrest in connection with Fenhara P. S. Case No. 36 of 2010 for the offence punishable under [STATUTE] . It is submitted that the petitioner is the husband of the deceased. He has not been named in the FIR. It has been alleged that the accused named in the FIR were threatening the deceased Punam Devi for the fulfillment of demand of dowry. It is submitted that the petitioner had gone out for his livelihood and in his absence his wife suffering from diarrhea died in the way to hospital. Later on, he came to know that after death the informant also participated in her funeral. When the informant came to know that the case had been falsely lodged, he filed a petition that due to ill information he lodged the aforesaid case. He has further submitted that some accused have Patna High Court Cr.Misc. No.6183 of 2012 (2) dt.08-02-2012 2 been granted anticipatory bail by a bench of this Court vide Cr. Misc. No. 12749 of 2011. Learned counsel for the State could not controvert the contention of the petitioner while opposing his prayer. Considering the facts and circumstances, in the event of arrest or surrender before the court below within a period of six weeks, the above named petitioner will 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 learned sub- divisional Judicial Magistrate, Sikrahana at Motihari, East Champaran in connection with Fenhara P. S. Case No. 36 of 2010, subject to the conditions laid down under Section 438(2) Cr. P.C and with further condition that (i) The petitioner will not indulge himself in any similar or other offence. (ii) He will be well represented on each and every date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled by the court concerned. Kanchan/- (Amaresh Kumar Lal, 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.