Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6404 of 2012 ====================================================== Ram Kumar Pandit @ Ram Pukar Pandit @ Guddu Pandit son of late Prikha Pandit, R/o village Mahtha Colony, near Mahthin Mai Police Station Bihiya and District Bhojpur .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rama nand Poddar, Advocate. For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 10-02-2012 Heard learned counsel for the petitioner and the learned counsel for the State. Petitioner is in custody in Bihiya P.S. Case no. 114 of 2010 registered under [STATUTE] . It is submitted that the petitioner is the husband of the alleged victim lady Shanti Devi. Her father has lodged the case for the offence punishable under section 304 B, 201/34 of the Indian penal Code. After investigation charge sheet has been submitted under section 498A of the Indian penal Code. It is further submitted that wife of the petitioner (the alleged victim) has love affairs with another person and now she is living with him and his father has falsely lodged the case against the petitioner and the petitioner has been in custody since 26.9.2011 without his fault. Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of like amount each to the satisfaction of C.J.M, Patna High Court Cr.Misc. No.6404 of 2012 (2) dt.10-02-2012 2 / 2 2 Bhojpur at Arra in connection with Bihiya P.S. Case No. 114 of 2010. M.Rahman/- (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.