Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40200 of 2011 ====================================================== Ramesh Kumar Singh, son of Sheojee Singh. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 06-02-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under [STATUTE] . Supplementary affidavit has been filed enclosing copy of application said to have been filed on behalf of the informant exonerating the petitioner who is named accused in this case with allegation of committing surgery of informant’s daughter which was according him necessary for and abortion etc. Submission is that in fact, petitioner has a medicine shop and no concern with any sought of treatment and victim came to him just to purchase some medicines. Even, during the investigation except assertion of some witnesses that petitioner is a medical practitioner and due to his negligence deceased died but including P.O. inspection nothing emerged as material evidence to Patna High Court Cr.Misc. No.40200 of 2011 (3) dt.06-02-2012 2/2 show petitioner being indulged in such medical practice. Considering the facts and circumstances of the case, in the event of informant appearing before the court below, supporting the contents of the petitions said to have been filed on his behalf on 12.01.2012 with his free will and consent without any coercion, till conclusion of investigation/submission of charge-sheet, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, Ara, in connection with Narayanpur P.S. Case No. 23 of 2011, subject to condition laid down under Section 438(2) of the Code of Criminal Procedure with additional condition for to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Devendra/- (Akhilesh Chandra, 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.