Case Facts:
Patna High Court Cr.Misc. No.31560 of 2012 (4) dt.04-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31560 of 2012 ====================================================== Kali Ram @ Ramesh Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 04.10.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is named in the first information report which has been registered under [STATUTE] and is languishing in jail custody since 16.3.2012. Learned counsel for the petitioner submits that admittedly, the informant is not eye-witness of the alleged occurrence and she came to know about the alleged occurrence from one Sushila Devi whose statement has been recorded at para 16 of the case diary in which she stated that hot exchange of words was going on between the deceased and the petitioner and the deceased was in drunken state at the relevant time and unfortunately, he fell down on the ground and sustained injury. It is further contended by him that similar statement has been made by shopkeeper and, as a mater of fact, no witness has stated that it was the petitioner who assaulted the deceased. No doubt, in post mortem examination some injuries were found on the person of the deceased but not a single prosecution witness has claimed to have seen the petitioner assaulting the deceased. Considering the aforesaid facts and circumstances as well as Patna High Court Cr.Misc. No.31560 of 2012 (4) dt.04-10-2012 submissions of the parties, let the petitioner, Kali Ram @ Ramesh Kumar, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Danapur (Patna) in Danapur P.S. Case no. 411/2011. Shahid (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.