Case Facts:
Patna High Court Cr.Misc. No.6975 of 2012 (3) dt.26-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6975 of 2012 ====================================================== 1. Jai Prakash Sahni S/O Thakuri Sahni .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 26-07-2012 Learned counsel for the petitioner is permitted to make necessary correction in his application within course of the day. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 11.01.2011 in a case registered under [STATUTE] . Petitioner is husband of the deceased and after investigation police submitted charge sheet under [STATUTE] . Learned counsel for the petitioner submits that in course of investigation it came to light that deceased was not mentally fit and she committed suicide within four months of her marriage. It is further contended by him that after giving proper information to the informant the dead body of the deceased was cremated. Admittedly, before cremation no information regarding the unnatural death of the deceased was given to the police. Moreover, there is allegation of demand of dowry and admittedly, deceased died within four months of her marriage on account of burn injuries. Patna High Court Cr.Misc. No.6975 of 2012 (3) dt.26-07-2012 Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Kartanha P.S. Case No. 04 of 2010 pending in the court of Chief Judicial Magistrate, Vaishali at Hajipur is rejected, at least, at this stage. It appears from perusal of prayer portion of this petition that the case of this petitioner is still pending in the court of Chief Judicial Magistrate, Vaishali at Hajipur, if that is so, the learned Chief Judicial Magistrate, Vaishali at Hajipur is directed to commit the case of the petitioner to the court of Sessions in accordance with law without any further delay, preferably within three weeks from the date of receipt of this order and after commitment, the learned trial court shall try to conclude the trial of the petitioner within eight months from the date of commitment of the case and if the trial of the petitioner is not concluded within the above stated period, the petitioner may renew his prayer for bail. 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.