Case Facts:
Patna High Court Cr.Misc. No.25243 of 2012 (2) dt.19-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25243 of 2012 ====================================================== 1. Kamla Devi W/O Deo Narain Garai .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 19-07-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being mother-in-law of the deceased is in jail custody since 16.07.2003 in a case registered under [STATUTE] . Earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 20.02.2004 passed in Cr. Misc. No. 28297 of 2003 with observation that she may renew her prayer for bail after her son i.e. husband of the deceased surrenders. Although, the impugned order of learned 1st Additional Sessions Judge, Hilsa, Nalanda reflects that up-till-now the husband of the deceased has not surrendered but considering the period of detention of the petitioner in jail custody as well as facts and circumstances of the case, let the petitioner be released Patna High Court Cr.Misc. No.25243 of 2012 (2) dt.19-07-2012 on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Hilsa, Nalanda in connection with Sessions Trial No. 774 of 2004 arising out of Ekangarsarai (Telhara) P.S. Case No. 213 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.